HomeMy WebLinkAbout2006.10.16 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. October 16, 2006
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated October 2, 2006.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$2,265,938.89 ($39,511.13 in the form of Wire
Transfer Nos. 4620 and 4622 and, $2,226,427.76 consisting of Claim Warrants numbered
157126 through 157334).
2. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, code
enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in
the total amount of$282,407.47 and, of that amount, authorize $226,120.54 be turned over
for collection.
(c) Tourism Promotion Area:
1. Agenda Report from Gary Crutchfield, City Manager dated October 5, 2006.
2. 2007 TPA Budget Summary.
To approve the 2007 operating budget for the Tourism Promotion Area in the total amount of
$793,000_
(d) Tri-Cities Visitor& Convention Bureau Contract Amendment:
1. Agenda Report from Gary Crutchfield, City Manager dated October 5,2006.
2. Proposed Addendum.
To approve the addendum to the Visitor & Convention Bureau contract and, further, authorize
the Mayor to sign the agreement.
(e) Professional Services Agreement for Indigent Defense Services:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
October 4,2006.
2. Proposed Agreement.
To approve the Professional Services Agreement for Indigent Defense with Chris Herion and,
further, to authorize the Mayor to sign the agreement.
(f) Reject Bids for "A" Street and Hopkins Street Water Lines Project Nos. 06-2-07, 05-2-03
and 05-7-02:
1. Agenda Report from Doug Bramlette, City Engineer dated October 4, 2006.
2. Vicinity Maps.
3. Bid Summary.
To reject the bids received for the "A" Street 20" Waterline Project; Project No. 06-2-07 and,
further, authorize staff to re-bid the project.
To reject the bids received for the Road 34 & Hopkins Street Water Main Improvements and I-
182 Irrigation Crossing Project Nos. 05-2-03 and 05-7-02 and, further, authorize staff to re-bid
the project.
*(g) Final Plat—Loviisa Farms 11, Phase 8 (Aho Construction) (MF#FP06-006):
1. Agenda Report from David L McDonald, City Planner dated October 10,2006.
2. Copy of Final Plat (Council packets only; copy available in Planning Office for public
review).
3. Vicinity Map.
To approve the Final Plat for Loviisa Farms I1,Phase 8.
Regular Meeting 2 October 16,2006
*(h) Final Plat—Tierra Vida, Phase 1 (Casa LLC) (MF#FP06-005):
1. Agenda Report from David I. McDonald, City Planner dated October 11, 2006,
2. Copy of Final Plat (Council packets only; copy available in Planning Office for public
review).
3. Vicinity Map.
To approve the Final Plat for Tierra Vida,Phase 1.
(ttc) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers.
(b) Financial Services Manager: General Fund Operating Statement through September 30, 2006.
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section
26.04.115 "Assignment of Water Rights for Subdivision of Land" and amending Section
13.36.070"Assignment of Water Rights—Extension of City Water Services."
1. Agenda Report from Gary Crutchfield, City Manager dated October 5,2006.
2. Memorandum from City Manager to City Council dated 9/21/06.
3. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. amending PMC Section 26.04.115
"Assignment of Water Rights for Subdivision of Land" and amending Section 13.36.070
"Assignment of Water Rights — Extension of City Water Services" and, further, authorize
publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
Q*(a) Special Permit(Appeal)Location of an Asphalt Batch Plant near 11919 Harris Road(CPM
Development Corporation) (MF#SP06-010):
1. Agenda Report from David I. McDonald, City Planner dated October 9,2006.
2. Vicinity Map.
MOTION: I move to set 7:00 p.m., January 16, 2007 as the time and date for a Closed Record
Hearing to consider the appeal of the Special Permit recommendation for Central Pre-Mix under
Master File No. SP06-010.
Q*(b) Preliminary Plat (Appeal) First Place, 313 Lots located west of Road 44 and north of the
FCID Canal(The Al Angelo Company) (MF#PP06-003):
1. Agenda Report from David I. McDonald, City Planner dated October 9, 2006.
2. Vicinity Map.
MOTION: I move to set 7:00 p.m.,November 6, 2006 as the time and date for a Closed Record
Hearing to consider the appeal of the Preliminary Plat recommendation for the Al Angelo Plat
under Master File No.PP06-003.
Regular Meeting 3 October 16, 2006
Q*(c) Special Permit—New Pasco High School (Pasco School District) (MF#SP06-12):
1. Agenda Report from David I. McDonald, City Planner dated October 6, 2006.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 8117/06 and 9/21/06.
MOTION: I move to approve the Special Permit for the new Pasco High School, as
recommended by the Planning Commission.
Q*(d) Special Permit—Pasco High School Remodel(Pasco School District) (MF#SP06-13):
1. Agenda Report from David I.McDonald, City Planner dated October 6,2006.
2. Report to Planning Commission,
3. Planning Commission Minutes dated 8/17106 and 9121/06.
MOTION: I move to approve the Special Permit for the remodel work at Pasco High School, as
recommended by the Planning Commission.
Q*(e) Special Permit — Church Addition 4012 W. Court Street (Riverview Methodist) (MF
#SP06-011):
1. Agenda Report from David I. McDonald,City Planner dated October 6, 2006.
2. Report to Planning Commission.
3. Planning Commission Minutes dated 8/17106 and 9/21/06.
MOTION: I move to approve the Special Permit for the Riverview Methodist Church as
recommended by the Planning Commission.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File#......
Q Quasi-Judicial Matter
REMINDERS:
1. 6:00 p.m., Monday, October 16, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK)
2. 4:00 p.m., Wednesday, October 18, 710 W. Court Street — Local Housing Trust Fund Oversight
Committee Meeting. (MAYOR JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK and
MIKE GARRISON)
3. 5.30 p.m., Wednesday, October 18, Roy's Smorgy — Good Roads Association Board Meeting.
(COUNCILMEMBER BOB HOFFMANN,Rep.; MAYOR JOYCE OLSON, Alt.)
4. 12:00 p.m.,Thursday, October 19, 322 W. Columbia Street—Pasco Downtown Development Association
Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; MATT WATKINS,Alt.)
5. 7:30 a.m., Friday, October 20, Richland City Council Chambers — Hanford Communities Governing
Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; JOE JACKSON, Alt.)
6. 11:30 a.m., Friday, October 20, Roy's Smorgy — Benton-Franklin Council of Governments Board
Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN, Alt.)
7. 8:00 a.m., Saturday, October 21, AmeriSuites -- Toastmasters District 9 Conference Welcome Address.
(MAYOR PRO-TEM MATT WATKINS)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 2, 2006
CALL. TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Tom
Larsen, Joyce Olson, and Matt Watkins. Absent: Joe Jackson.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; David McDonald, City Planner; Doug Bramlette, City
Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief, Debbie Clark, City
ClerldAdministrative Specialist and Jim Chase, Financial Services Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated September 18, 2006.
(b) Bills and Communications:
To approve General Claims in the amount of$1,159,224.11 ($104,354.34 in the form of
Wire Transfer Nos. 4611 and 4613 and, $1,054,869.77 consisting of Claim Warrants
numbered 156847 through 157125).
To approve Payroll Claims in the amount of$2,233,246.67, Voucher Nos. 35219 through
35446; and EFT Deposit Nos. 30012393 through 30013119.
(c) Tri-City Regional Centers:
To approve the contract for professional services with E.D. Hovee &Company, LLC for-
the study of Tri-City Regional Centers and, further, authorize the Mayor to sign the
contract documents.
(d) Final Plat—Village at Pasco Heights, Phase 7 (R.C. Olin) (MF# FP-06-004):
To approve the final plat for the Village at Pasco Heights, Phase 7.
(e) Resolution No. 2985, a Resolution of the City of Pasco, Washington,
providing for the construction and assessment of sidewalk, curb and gutter
improvements on North 4th Avenue, providing in part assessment of the costs of
such improvements; and setting a public hearing.
To approve Resolution No. 2985, declaring the need for sidewalks on North 4th Avenue,
the intent to assess a portion of the cost thereof against the abutting property and fixing
7:00 p.m.,November 6, 2006 as the time and date for a public hearing to consider these
proposed requirements. Removed from Consent Agenda and moved to Item 8b.
MOTION: Mr. Watkins moved to approve the Consent Agenda as amended. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Olson presented Certificates of Appreciation for September 2006 "Yard of the
Month" to:
Ken and Zandra Allen, 804 Arbutus Court
Randy and Karla Peterson, 407 Road 39
1 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 2, 2006
Peter and Mary Lee Kovich,4602 Yuma Drive
Ron and Julianne Westenberg, 9908 Chelan Court
Mayor Olson presented a Certificate of Appreciation for September 2006 "Business of
the Month Appearance Award"to:
Parr Lumber, 2105 N. Commercial Avenue
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Leo Bowman, Chairman of Transportation Improvement Board, presented a plaque
to Mayor Olson recognizing successful partnership in completing the Charles D. Kilbury
Overpass.
Vic .Epperly, 8930 W. Canyon Pl,Kennewick, commended Pasco, Richland&
Kennewick for acting cooperatively in initiating a Joint Regional Centers Study.
.PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Street Vacation —Portions of East Spokane Street and North Front Avenue (MF
#VAC-06-015).
Mr. David McDonald, City Planner, explained the details of the proposed
vacation.
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION.
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE
BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3792, an Ordinance vacating a portion of East Spokane Street and a
portion of North Front Avenue.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3792,vacating portions of East
Spokane Street and North Front Avenue and, further,to authorize publication by
summary only. Mr. Garrison seconded. Motion carried unanimously.
Street Vacation—Portion of North Montana Street (MF#VAC-06-016).
Mr. David McDonald, City Planner, explained the details of the proposed
vacation.
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION.
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND'THERE
BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No.3793, an Ordinance vacating a portion of North Montana Street.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3793, vacating a portion of
North Montana Street and, further,to authorize publication by summary only. Mr.
Garrison seconded. Motion carried unanimously.
Utility Local Improvement District(ULID) No. 143:
Mr. Doyle Heath, Utility Engineer,explained the details of the proposed ULID.
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ULID.
Speaking in support of the ULID:
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 2, 2006
Mr. Ed Thiessen, 2204 Rd. 64
Mr. Craig Bennett, 1.0120 Willow Way
Mr. Paul Kison, 3006 Rd. 101
Mr. D. Campbell, 10208 Willow Way
Mr. Richard Mathews, 3109 Rd. 103
Mr. Michael Clayton, 10036 W. Argent
Mr. Rob Davis, 3011 Lindemem
Mr. Lou Harrod, 3110 Rd. 101
Speaking against the ULID:
Ms. Kim Scott, 10020 Maple Dr.
Mr. Joe Klein, 10309 Willow Way
Mr. Leslie Easly, 10008 Maple Dr.
Mr. Norm Derrick, 10917 View Ln.
Mr. Rob Morehouse, 3708 Rd. 103
Mrs. Cindy Morris, 10804 Shady Ln.
Mr. Dana Ward, 10112 Maple Dr.
Mrs. Betty Amundson, 10101 W. Court
Mr. Jim Britton, 10208 W. Argent
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,MAYOR OLSON
DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3794, an Ordinance relating to the waterworks utility of the City,
including the sanitary sewerage system and the system of storm or surface water
sewers as a part thereof; authorizing water and sewer revenue bonds and interim
financing to pay the cost of carrying out a portion of the system or plan of additions
to and betterments and extensions of the waterworks utility; and creating Utility
Local Improvement District No. 143.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3794, creating Utility Local
Improvement District No. 143. Mr. Garrison seconded. Motion carried 5-1. No—Larsen.
Mayor Olson infonned citizens of the next step in the ULID process.
Mayor Olson called a 5 minute recess at 8:35 p.m.
Mayor Olson called the meeting back to order at 8:40 p.m.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 2986, a Resolution approving the Capital Improvement Plan for
Calendar- Years 2007-2012.
MOTION: Mr. Watkins moved to approve Resolution No. 2986, adopting the Capital
Improvement Plan for fiscal years 2007-2012. Mr. Garrison seconded. Motion carried 4-
2. No —Hoffmann, Larsen.
Resolution No. 2985, a Resolution of the City of Pasco, Washington, providing for
the construction and assessment of sidewalk, curb and gutter improvements on
North 4th Avenue, providing in part assessment of the costs of such improvements;
and setting a public hearing.
Mayor Olson declared she is Executive Director of the Pasco Chamber of
Commerce. There were no objections to her participation in this issue.
MOTION: Mr. Watkins moved to approve Resolution No. 2985, declaring the need for
sidewalks on North 4th Avenue, the intent to assess a portion of the cost thereof against
the abutting property and fixing 7:00 p.m., November 6, 2006 as the time and date for a
public hearing to consider these proposed requirements. Mr. Garrison seconded. Motion
carried 4-2. No —Hoffmann, Larsen.
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL OCTOBER 2, 2006
NEW BUSINESS:
Ambulance and Emergency Medical Services Rate Study: Emergency Medical
Services.
MOTION: Mr. Watkins moved to direct staff to prepare an ordinance to implement the
ambulance utility to be effective in January 2007. Mr. Garrison seconded. Motion carried
4-2. No—Hoffmann, Larsen.
Legislative Consultant Services Agreement:
MOTION: Mr. Watkins moved to approve the agreement with Smith Alling Lane for
legislative consultant services and, further,authorize the City Manager to sign the
agreement. Ms. Francik seconded. Motion carried 5-1.No--Larsen.
MISCELLANEOUS DISCUSSION:
Ms. Francik noted she, Mr. Crutchfield and Mr. Watkins attended the AWC Regional
Meeting on Tuesday, September 261x'
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:25 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy,Deputy City Clerk
PASSED and APPROVED this 16th day of October,2006.
4
CITY OF PASCO
Council Meeting of:
October 16, 2006
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligation against the city and that we are authorized to authenticate an/"d . to said aim`
Gary Crutchfield, City Manager James W/12base, Finance Manager
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4620 and 4622 in the amount of$39,511.13,have been authorized;that Check No.s 157126 through
157334 are approved for payment in the amount of$2,226,427,76,for a combined total of$2,265,938.89 on
this 16th day of October, 2006,
Councilmember Councilmember
SUMMARY OF CLAIMSANIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 320.00
Judicial 11,480.98
Executive 5,358.53
Police 30,651.11
Fire 7,786.35
Administration &Community Services 56,271.55
Community Development 2,306.46
Engineering 2,209.09
Non-Departmental 122,035.96
Library 2,112.06
TOTAL GENERAL FUND: 240,532.09
STREET 684,698.00
C. D. BLOCK GRANT 5,832.29
KING COMMUNITY CENTER 1,855.48
AMBULANCE SERVICE 4,218,91
CEMETERY 5,742.12
ATHLETIC PROGRAMS 46.81
SENIOR CENTER 4,333.10
MULTI MODAL FACILITY 2,322.37
RIVERSHORE TRAIL& MARINA MAIN 153.61
SPECIAL ASSESSMNT LODGING 17,089.97
REVOLVING ABATEMENT 1,192.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 304.14
SUN WILLOWS RESIDENTIAL DEVELOPMENT 50.54
METRO DRUG TASK FORCE 9,329.07
METRO DRUG FORFEITURE FUND 1,159.63
GENERAL CONSTRUCTION 171,826.73
WATER/SEWER 919,425.87
EQUIPMENT RENTAL-OPERATING 37,855.83
EQUIPMENT RENTAL-REPLACEMENT 27,056.69
MEDICAUDENTAL INSURANCE 67,700.79
CENTRAL STORES 272.73
FIRE PENSIONS 0.00
PAYROLL CLEARING 37,001.20
PUBLIC FACILITIES DIST 25,938.92
GRAND TOTAL ALL FUNDS: $ 2,265,938.89
3(b).1
AGENDA REPORT
FOR: City Council DATE: 10/11/2006
TO: Gary Crutchfi 1 anager REGULAR: 10/16/2006
Stan Stre el,A ministr tive&Community Services Director
FROM: Jim hale,. a Manager
SUBJECT: BAD DE T WRITE-OFF'S/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code
enforcement and Municipal Court non-criminal, criminal and parking accounts receivable
in the total amount of$282,407.47, and, of that amount, authorize $226,120.54 be turned
over for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING -These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for
collection exceed$10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. MISCELLANEOUS -These are all delinquent accounts over 90 days past due or statements that are
returned with no forwarding address. Those submitted for collection exceed$10.00.
4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ .00 .00 .00
Ambulance $ 56,286.93 39,450.40 95,737.33
Miscellaneous $ .00 1,168.90 1,168.90
Court A/R $ .00 182,748.24 182,748.24
Liens $ .00 2,753.00 2,753.00
TOTAL: $ 56,286.93 226,120.54 282,407.47
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT
TO: City Council October 5, 2006
PROM: Gary Crutchfi Manager Workshop Mtg.: 10/9/06
Regular Mtg.: 10/16/06
SUBJECT: Tourism Promotion Area
I. REFERENCE(S):
1. 2007 TPA Budget Summary
H.. ACTION REQUESTED OF COUNCIL!STAFF RECOMMENDATIONS:
1.0/9: Presentation by Kris Watkins, President and CEO, Tri-Cities Visitor and Convention
Bureau
10116: MOTION: I move to approve the 2007 operating budget for the Tourism
Promotion Area in the total amount of$793,000.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) The Tourism Promotion Area (TPA) was formed in late 2004 to generate. and
administer the proceeds of a "per night room assessment" on hotels/motels in the
Tri-Cities.
B) The.interlocal agreement (between Pasco, Kennewick and Richland) that created the
TPA requires the annual budget from the TPA to be approved by the City Council.
V. DISCUSSION:
A) The TPA "assessment" is remitted by the hotels to the state which, in turn,
distributes it to the city in which it was collected. The city is obligated to pass it to
the TPA, for use in accordance with the approved budget. The 2007 budget will
increase the marketing effort of the hotel industry, to the-ultimate benefit of the
community. Staff recommends approval of the TPA 2007 budget.
I
3(c)
2007 TPA
Budget Summary
2006 Forecasted 2007 Bud et
Revenues
Kennewick $ 319,500 40% $ 319,500 40%
Pasco $ 165,500 21% $ 165,500 21%
Richland $ 308,000 39% $ 3081000 39%
Total: $ 793,000 100% $ 793,000 100%
Expenditures
Group Markets $ 416,962 53% $ 387,656 49%
City Wide Conventions
Associations
Corporate& Government
SMERF(social,military,education, religious, fraternal)
Sports
Housing& Groups Services $ 40,484 5% $ 49,967 6%
Tourism Development $ 29,604 3% $ 102,854 13%
Administration $ 151,050 19% $ 124,283 16%
(administrative staff,office supplies, rent, telephone
dues/subscriptions,postage,equipment maintenance,
etc.)
Opportunity Fund 8 54,000 7% $ 27,000 3%
Capital Expenditures $ 5,600 1% $ 5,000 1%
Reserves $ 79,300 10% $ 63,440 8%
Accounting/Professional $ 16,000 2% $ 32,800 4%
Total: $ 793,000 100% $ 793,000 100%
26
AGENDA REPORT
4
TO: City Council October 5, 2006
FROM: Gary Crutchfi 1 anager Workshop Mtg.: 10/9/06
Regular Mtg.: 10/16/06
SUBJECT: Tri-Cities Visitor& Convention Bureau Contract Amendment
1. REFERENCE(S):
1. Proposed Addendum
II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
10/9: Discussion
10116: MOTION: I move to approve the addendum to the Visitor & Convention Bureau
contract and, further, authorize the Mayor to sign the agreement.
111. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The City has long contracted with the Visitor& Convention Bureau to provide to the
Bureau an annual sum equal to 50% of the average annual receipts from the 2%
basic hotel/motel (room) tax. The Bureau is obligated to use the funds for expenses
associated with the promotion of visitors and tourism to the Tri-Cities region.
B) The Washington State Attorney General's office, earlier this year, issued its opinion
that such contracts must pay for services rendered, as opposed to paying for services
in advance. The history of the contracts with the Bureau (in all three of the local
cities) has been to pay in advance (by virtue of calculating the annual figure at the
beginning of the year, dividing by 12 and paying the fixed monthly fee at the
beginning of each month).
C) The Pasco City attorney has drafted an addendum to the common agreement between
the Bureau and the three cities, so that all three will continue the Bureau's funding
contract yet comply with the Attorney General's opinion issued earlier.this year.
The addendum essentially requires the Bureau to now submit a monthly invoice for
services rendered during the prior month. This change will cause the Bureau to miss
one month of income during the calendar year (it will be received in January 2007
instead of December 2006). .The executive director of the Bureau has been advised
of the necessity of this change and acknowledges the Bureau's need to accommodate
it.
V. DISCUSSION:
A) As the Attorney General has issued the opinion and the state auditor will use it in
reviewing the City's compliance this year, staff urges Council to approve the
addendum for effect in 2006. As noted above, the matter has been reviewed with the
Bureau executive director and the Bureau is prepared to accommodate the change
and the effect on its cash flow for one month.
3(d)
ADDENDUM TO
AGREEMENT FOR THE PROMOTION OF TOURISM
THIS ADDENDUM is entered into this day of October, 2006, amending the
Agreement for the Promotion of Tourism between the City of Pasco, a Municipal Corporation,
referred to therein as "City" and the Tri-Cities Visitor and Convention Bureau, a nonprofit
corporation, referred to therein as "Bureau."
WHEREAS, to comply with the recent opinion of the Washington State Attorney
General's Office regarding payment for services, and based upon mutual and added
consideration, it is agreed as follows:
1. Section II.A. shall be and hereby is amended and shall read as follows:
For the services herein contemplated and more fully described in the annual work plan,
the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel
tax receipts of the City collected from the first two percent (2%) levied for the five year
period immediately preceding the year for which the work plan is approved. The Bureau
shall invoice the City for such services on a monthly basis commencing, for the purpose
of this Amendment, on December 1, 2006, with an invoice for services performed during
November 2006 and payable by the City upon receipt.
2. All remaining terms and conditions of the Agreement for the Promotion of Tourism of
September 6, 2005, shall remain in full force and effect.
DATED this day of October, 2006.
CITY OF PASCO
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
TRI-CITIES VISITOR AND
CONVENTION BUREAU
i
Edward S. Aromi Kris W. Watkins
Chairman of the Board President & CEO
AGENDA REPORT
FOR: City Council October 4, 2006
TO: Gary Crutchfi anager Workshop Mtg.: 10/9/06
Regular Mtg.: 10/16/06
FROM: Stan Strebel, dr �rit'rative and Community
Services Direc /r
SUBJECT: Professional Services Agreement for Indigent Defense Services
I. REFERENCE(S):
A. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1019: Discussion
10116: MOTION: I move to approve the Professional Service Agreement for Indigent
Defense with Chris Herion and further, to authorize the Mayor to
sign the agreement.
111. FISCAL IMPACT:
$30,000 annually (min.) in the General Fund Budget
IV. HISTORY AND FACTS BRIEF:
A) The City has a panel of two attorneys for providing defense services to indigent
defendants in Municipal Court. The agreement for one of the attorneys, Phil
Rodriguez, expires on December 31 of this year.
B) Staff has solicited applications and interviewed four applicants, including the
current defender, for a new two year agreement. It is recommended that Chris
Herion be retained for providing public defense services for 2007 and 2008. Mr.
Herion has experience in many of the courts in the area and has served as a judge
pro tem in the Pasco Municipal Court.
C) The proposed contract is the same in all material aspects as the existing contract
with the City's other public defender except for the addition of a definition of
"Deferred or probation case assigned" (Section 11 D.(2)) and clarification, in the
last paragraph of Section IV, that the attorney's obligation to complete existing
cases extends for 6 months.
D) Staff recommends approval of the agreement.
3(e)
PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Indigent Defendants
Before the Pasco Municipal Court
THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective
January 1, 2007, by and between the City of Pasco, a Municipal Corporation, hereafter
referred to as "City", and Chris Herion, attorney authorized to practice law in the State of
Washington, hereinafter referred to as "Attorney."
THIS AGREEMENT is a Professional Service Agreement for the rendering of
legal representation of indigent persons charged with misdemeanors or gross
misdemeanors in the Pasco Municipal Court.
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, it is agreed as follows:
SECTION I
PROFESSIONAL SERVICES
A. The Attorney shall represent in a professional manner, all individuals
charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for
whose representation he/she is appointed. Such representation shall include preparation
of appropriate pleadings and appearances in all phases of court proceedings following
appointment, including pretrial hearings, motions, trial, sentencing, probation violations,.
and any other additional trials or hearings required by a remand or other order of a higher
court. The Attorney shall communicate with individuals confined to jail in person or by
telephone, prior to the individual's pretrial conference. The Attorney shall have no
responsibility to represent individuals initially charged in the Pasco Municipal Court with
felonies regardless of whether the felony charge is later reduced to a misdemeanor or
gross misdemeanor.
B. In the event a case to which the Attorney is appointed is appealed to
Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of
Appeal in Superior Court which shall include a statement of the errors claimed to have
been made and location of such errors in the record. The Attorney shall not be
responsible for prosecuting the appeal in Superior Court, but shall remain responsible to
the appellant until another attorney is appointed to represent the appellant in Superior
Court. If and when the case is remanded to Pasco Municipal Court, Attorney shall again
assume responsibility to provide defense services.
Professional Service Agreement- 1
C. The Attorney agrees not to accept appointments for indigent defense
services in Franklin County Superior Court during the term of this Agreement.
D. The Attorney is expected to have knowledge of the court's schedule,
including hours of operation and days of the week when hearings and trials are ordinarily
set and heard. In its discretion, the court may alter the court's schedule to meet changing
demands. The Attorney agrees to not accept other employment of any character that will
unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the
court scheduling difficulties as to Attorney's assigned cases.
E. The professional services provided under this Agreement shall be in
compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals
and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A.
SECTION II
COMPENSATION
A. The City will compensate Attorney, as attorney fees and not as a salary, for
the professional services provided as follows:
(1) For the 2007 calendar year: $ 130.00 for each case assigned by the
court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried
to verdict; and $ 50.00 for each deferred or probation matter assigned by the court.
(2) For the 2008 calendar year: $ 130.00 for each case assigned by the
court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried
to verdict; and $ 50.00 for each deferred or probation matter assigned by the court,
however, initiated by a prior public defender.
Payments shall be made monthly with the first monthly payment to be made not
later than the 28`h day of February 2007, constituting compensation for the immediately
preceding month; subsequent payments being made not later than the 30`h day of each
succeeding month and the final payments being made not later than the 30`h day of
January 2009,
B. The City agrees to compensate Attorney a minimum monthly amount of
Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received
based on assignments per Section A above are below said minimum.
C. It is expressly agreed that the monthly compensation fixed in Sections A
Professional Service Agreement-2
and B above shall constitute full compensation for services required under this
Agreement.
D. Definitions:
(1) "Case assigned". For the purposes of this Agreement shall mean all
proceedings relating to one or more underlying charges, occurring
on or not more than two separate dates, against a defendant at the
time court appointed counsel is approved by the court and on
amendments to those charges including contempt of court for
failure to pay fine, appear for trial or hearings, or the failure to
abide the terms of probation.
(2) "Deferred or Probation Case Assigned". For the purposes of this
Agreement shall mean all proceedings relating to one or more
probation or deferred cases, occurring on or not more than two
separate dates, against a defendant at the time court appointed
counsel is approved by the court and on amendments to those
charges including contempt of court for failure to pay fine, appear
for trail or hearings, or the failure to abide the terms of probation.
SECTION III
EXPENSES
The Attorney shall bear all expenses incurred in the representation of each
individual to whom appointed except:
A. Expenses incurred in obtaining expert testimony, scientific tests or other
analysis when authorized by court order.
B. Expenses of a private investigator used to aid in the reparation of the
P P g P
defense of a matter when authorized by court order.
C. Expenses for the services of an interpreter determined appropriate by the
court.
SECTION IV
TERM
The terms of this Agreement shall be for the period commencing January 1, 2007,
and concluding on December 31, 2008. Notwithstanding the foregoing, the Attorney's
obligation to represent an individual in a matter to which the Attorney has been appointed
shall continue through the disposition of the matter as set forth below.
Professional Service Agreement-3
If this Agreement is not then in default, the Attorney shall have the option to
renew this Agreement for one (1) additional term of one (1) year. The terms and
conditions of the renewal term shall be identical to the terms and conditions of the last
year of the original term (with appropriate modifications of installment payment dates)
except that upon termination of the final term, the Attorney shall no longer have any
option to renew this Agreement, The renewal option must be exercised by written notice
to the City, given not less than 120 days prior to the last date of the expiring term. The
giving of such notice shall make the agreement binding for the renewal term without
further act of the parties.
It is understood by the parties hereto that the Attorney's obligation to provide
representation pursuant to this Agreement includes the obligation to complete all cases or
matters covered by this Agreement. The Attorney shall continue to provide
representation for a period of six months, for those persons whom the Attorney was
appointed to represent and whose case was not concluded during the duration of this
Agreement. It is further understood by the parties that the Attorney's obligation to
complete all cases or matters covered by this Agreement shall not result in any additional
compensation over the amount specified herein.
SECTION V
NON-ASSIGNMENT
No other person shall perform any of the services required of the Attorney by this
Agreement nor shall the Attorney assign or subcontract their responsibility for the
performance of any of the services required by this Agreement, provided, however,
Attorney may, by mutual agreement with another attorney holding a current Professional
Service Agreement for legal representation of indigent individuals with the City of Pasco,
make substitute appearances for one another on as-needed basis; or with the approval of
the City, a designated qualified member of the Attorney's Law Firm may perform the
Attorney's contract and responsibilities on a temporary basis, or assign or subcontract
such services with another qualified attorney.
SECTION VI
TERMINATION
This Agreement may be terminated by either party without cause upon forty-five
(45) days advance written notice to the other. This Agreement may be terminated for
cause consisting of failing to comply with any of the provisions of this Agreement upon
ten (10) days advance written notice.
Professional Service Agreement-4
In the event of Attorney's disbarment or suspension from the practice of law, this
Agreement shall terminate as of the effective date of such disbarment or suspension. In
the event of a termination without cause, the Attorney shall continue to accept and
represent to conclusion court assigned cases during the forty (45) day period and will be
compensated for such court assigned cases pursuant to Section II above.
SECTION VII
INSURANCE AND INDEMNIFICATION
During the term of this Agreement, the Attorney shall maintain errors and
omissions insurance coverage and shall include anyone else acting for or on behalf of the
Attorney in the performance of this Agreement as an additional named insured on any
such policy. Such insurance shall be obtained from any insurance company authorized to
do business as such in the State of Washington, and shall have policy limits of Two
Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the
performance of services hereunder, the Attorney shall submit evidence that such
insurance is in force and that such insurance will not be canceled without first giving
thirty (30) days written notice to the City.
DATED this day of October, 2006.
CITY OF PASCO
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark. Leland B. Kerr
City Clerk City Attorney
ATTORNEY
Attorney
Professional Service Agreement - 5
EXHIBIT A
CITY OF PASCO INDIGENT DEFENSE LEGAL REPRESENTATIVE PLAN
GOALS AND STANDARDS
I. PLAN GOAL
The goal of this Indigent Defense Legal Representation Plan is to provide legal
defense services to the indigent citizens of the City of Pasco, and to provide for
their defense in a professional, skilled manner consistent with the minimum
standards as set forth by the Washington Law and approved by the Washington
State Bar Association. This goal will be achieved by the adoption of standards,
specifically tailored to address those needs within the Pasco Municipal Court for
public defense services, by qualifying Washington State attorneys contracted to
serve as the accused counsel and advocate in proceedings before the City of Pasco
Municipal Court. This plan shall include the selection, monitoring and evaluation
of qualified contract attorneys by a Plan Administrator.
IL DUTIES OF PLAN ADMINISTRATOR
The Plan Administrator shall be the City Director of Administrative and
Community Services and shall:
A. Administer contracts for indigent defense representation.
B. Provide annual written evaluation of the contract providers by:.
1. Report and self evaluation by contract provider;
2. Evaluations from Judge, Prosecutor, other defense lawyers and
clients of the performance of the contract service provider.
3. Observations of in-Court performance for preparing an evaluation
report to the City Manager.
C. Facilitate client complaint procedures.
D. Provide an annual written report to the City Manager on the state of
indigent defense services.
III. ADOPTION OF STANDARDS
The Washington Defenders Association "Standards for Public Defense Services"
as approved by the Washington State Bar Association and mandated by RCW
10.101.030, as modified to specifically apply to misdemeanors and gross
misdemeanor defense before the City of Pasco Municipal Court, are adopted as a
standard for the City of Pasco for the rendering of indigent defense legal services.
A copy of which standards are adopted and incorporated by this reference as
Exhibit I to this Plan. These standards shall be incorporated in all contracts for
the provision of indigent defense legal services establishing the minimum standard
performance for all those contracting with the City to provide such services.
IV. EFFECTIVE DATE
This Indigent Defense Legal Representation Plan and incorporated standards for
public defense services shall be effective from and after January 1, 2003.
DATED this &A6 day of
2002.
CITY Thfi p
:t;
Gary
City Manager
Goals and Standards - 2
EXHIBIT A
STANDARDS FOR PUBLIC DEFENSE SERVICES
RCW 10.101.030 Standards for Public Defense services.
Each county or city under this chapter shall adopt standards for the delivery of public defense
services, whether those services are provided by contract, assigned counsel, or a public defender
office. Standards shall include the following: Compensation of counsel, duties and
responsibilities of counsel, case load limits and types of cases, responsibility for expert witness
fees and other costs associated with representation, administration expenses, support services,
reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of
attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of
contract attorneys, qualifications of attorneys, disposition of client complaints, cause for
termination of contract or removal of attorney, and nondiscrimination. The standards endorsed
by the Washington State Bar Association for the provision of public defense services may serve
as guidelines to contracting authorities.
INTRODUCTION
In recognition of the duty imposed on it by RCW 10.101.030 and the duty to provide indigent
defendants with adequate legal representation, the City of Pasco adopts the following Standards
for Public Defense Services provided in conjunction with the Municipal Court of Pasco.
STANDARD ONE: COMPENSATION
Standard:
Indigent services shall be provided by contract.
For contract defense attorneys, compensation shall be determined by a written contract based
upon the estimated case load, time demands, the customary compensation in the community for
similar services rendered by private retained counsel, or by city of other publicly paid attorneys
who have public clients and budgetary consideration. Contract should provide for extraordinary
compensation over and above the normal contract terms for cases which require an extraordinary
amount of time and preparation. Services which require extraordinary fees should be defined in
the contract.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1.
Standards for Public Defense Services- 1
American Bar Association, Guidelines for the Appointment and Performance in Death
Penalty Cases, 1988, Standard 10-1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standards 13.7 and 13.11.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-
4.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Legal Defense Contracts, 1984, Standard lII-10 and III-11.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline No. 6.
STANDARD TWO: DUTIES AND RESPONSIBILITIES OF COUNSEL
Standard:
The legal representation plan shall require that defense services be provided to all clients in a
professional, skilled manner consistent with minimum standards set forth by the American Bar
Association, applicable state bar association standards, the Rules of Professional Conduct, case
law and applicable court rules defining the duties of counsel and the rights of defendants in
criminal cases, Counsel's primary and most fundamental responsibility is to promote and protect
the best interests of the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standards 13.1.
National Legal Aid and Defender Association, Standards for Defender Services, Standard 11-
2.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Guideline 111-18.
STANDARD THREE: CASELOAD LIMITS AND TYPES OF CASES
Standard:
Standards for Public Defense Services-2
The contract or other employment agreement shall specify the types of cases for which
representation shall be provided and the estimated number of cases for which each attorney shall
be expected to handle. The caseload of public defense attorneys should allow each lawyer to give
each client the time and effort necessary to ensure effective representation. Neither defender
organizations, county offices, contract attorneys nor assigned counsel should accept workloads
that, by reason of their excessive size, interfere with the rendering of quality representation.
A case is defined by the Office of the Administrator for the Courts as: A filing of a document
with the court naming a person as defendant or respondent.
Caseload limits should be determined by the number and type of cases being accepted and on the
local prosecutor's charging and plea bargaining practices. In jurisdictions where assigned counsel
or contract attorneys also maintain private law practices, the contracting attorney should ensure
that attorneys not accept more cases than they can reasonably discharge.
Each attorney or firm contracting for indigent defense services shall set limits on the amount of
privately retained work which can be accepted by the contracting attorney. These limits shall be
based on the percentage of a full-time caseload which the public defense cases represents.
Related and Source Standards:
American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.12.
American Bar Association Disciplinary Rule 6-101.
National Legal Aid and Defender Association, Standards for Defender Services, Standard 1V-1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Standard 111-6 and 111-12.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 1.
STANDARD FOUR: RESPONSIBILITY FOR EXPERT WITNESSES
Standard:
Reasonable compensation for expert witnesses necessary to preparation and presentation of the
defense case shall be provided. Expert witness fees should be maintained and allocated from
funds separate from those provided for defender services. Requests for expert witness fees under
Standards for Public Defense Services-3
Court Rule 3.1 f should be made through an ex parte motion. Upon good cause shown, the
defense may retain experts of its choosing as determined necessary by the Court and under such
conditions as may be imposed by the Court.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV
2d, 3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1983, Standard II I-8d.
National Advisory Commission, Task Force on Courts, 1973, Standard 13.14.
STANDARD FIVE: ADMINISTRATIVE EXPENSES
Standard:
Contracts for public defense services should include the administrative costs associated with
providing legal representation. These costs may include travel, telephones, law library, financial
accounting, case management systems, the reporting requirements imposed by these standards,
and other costs necessarily incurred in the day to day management of the contract.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the
United States, (1976), Guideline 3.4.
National Legal Aid and Defender Association, Standards for Defender Services, 1976 1-3, IV
2a-e, IV 5.
STANDARD SIX: INVESTIGATORS
Standard:
Private law firms holding contracts to provide representation for indigent defendants accused of
crimes may employ investigators with criminal investigation training and experience in cases
that warrant investigation as determined necessary by the Court.
Standards for Public Defense Services -4
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-4-1 and 5-1.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-
3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Standard 111-9.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 8.
STANDARD SEVEN: SUPPORT SERVICES
Standard:
The indigent defense contract shall provide representation that the attorneys shall provide or
have access to sufficient support services to fulfill the performance under the terms of the
contract. These support services may include secretaries, paralegals, investigators, social and
mental health professions and other staff services, that are essential to ensure the effective
performance of the defense counsel during trial preparation, in the preparation of dispositional
plans, and at sentencing.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-8.1 and 5-1.4.
I
National Advisory Committee on Criminal Justice Standards and Goals, Task Force on Courts,
Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-
3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Standard 111-8.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 7.
Standards for Public Defense Services - 5
STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND COMPENSATION
Standard:
The legal representation plan shall require that the defense attorney or office maintain a case-
reporting and management information system which includes number and type of cases,
attorney hours and disposition. This information shall be provided regularly to the City and shall
also be made available to the Office of the Administrator of the Courts upon request. Any such
system shall be maintained independently from client files so as to disclose no privileged
information.
For attorneys under contract, compensation should be made monthly as provided by the contract.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-3.3. (b) xii, The Report to the
Criminal Justice Section Council from the Criminal Justice Standards Committee, 1989.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984 Standard 111-22.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the
United States, 1976, Guideline 3.4, 4.1, and 5.2.
STANDARD NINE: TRAINING
Standard:
Attorneys providing public defense services should participate in regular training programs on
criminal defense law, including a minimum of seven hours of continuing legal education
annually in areas relating to their public defense practice, including substantive criminal law,
criminal procedure and forensic sciences, civil commitment, and dependency law.
Every attorney providing counsel to indigent accused should attend courses that foster trial
advocacy skills and review professional publications and tapes.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.16.
Standards for Public Defense Services-6
I
National Legal Aid and Defender Association, Standards for Defender Services, Standard V.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Legal Defense Contracts, 1984, Standard 111-17.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 3.
National Legal Aid and Defender Association, Guidelines for the Appointment and
Performance of Counsel in Death Penalty Cases, 1988, Standard 9.1.
STANDARD TEN: SUPERVISION
Standard:
Each attorney or firms of attorneys providing public defense contract services shall provide for
the supervision of defense lawyers. Contracts with private attorney(s) for the provision of
public defender services shall provide for annual reviews of the private attorney's performance
by the City. Such reviews shall include consultation with relevant judicial officers.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.9.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Legal Defense Contract, 1984, Standard 111-16.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 4,
STANDARD ELEVEN: MONITORING AND EVALUATION OF ATTORNEYS
Standard:
The contract for public defense services should establish a procedure for systematic monitoring
and evaluation of attorney performance based upon publicized criteria. Supervision and
evaluation efforts should include review of time and caseload records, review and inspection of
transcripts, in- court observations, and periodic conferences between the contract attorney and a
designee of the legislative authority.
Standards for Public Defense Services- 7
Performance evaluations of a contract attorney should include comments from judges,
prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and
effectiveness as criminal lawyers and/or dependency or civil commitment advocates.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Standard 111-16,
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the
United States, 1976,Recommendations 5.4 and 5.5.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.9.
STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR
ASSIGNMENT OF CONTRACTS
Standard:
The attorney engaged by the City to provide public defense services should not sub-contract with
another firm or attorney to provide representation and should remain directly involved in the
provision of representation. If the contract is with a firm or office,the City shall request the
names and experience levels of those attorneys who will actually be providing the services, to
ensure they meet minimum qualifications. The employment agreement shall address the
procedures for continuing representation of clients upon the conclusion of the agreement.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-5.2.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Guideline 111-23.
STANDARD THIRTEEN: QUALIFICATIONS OF ATTORNEYS
Standard:
Standards for Public Defense Services- 8
I. In order to assure that indigent accused receive the effective assistance of counsel to
which they are constitutionally entitled, attorneys providing defense services should meet
the following minimum professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
B. Complete seven hours of continuing legal education within each calendar year in
courses relating to their public defense practice.
2. Legal Interns. Legal Interns may be utilized in the assistance of indigent defendants only
to the extent allowed by rule and upon prior City approval.
A. Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training pursuant to APR 9 and Standard Nine,
Training,
3. The City should award contracts for public defense services only after determining that
the attorney or firm chosen can meet accepted professional standards. Under no
circumstances should a contract be awarded on the basis of cost alone. Attorneys or
firms bidding for contracts must demonstrate their ability to meet these standards.
4. Contracts should only be awarded to a) attorneys who have at least one year's criminal
trial experience comparable municipal or district court jurisdiction, or b) a firm where at
least one attorney has one year's trial experience in municipal or district court .
jurisdictions.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, Standard 13.15.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Public Defense Contracts, 1984, Standard 111-7.
National Legal Aid and Defender Association, Standards for the Appointment and
Performance of Counsel in Death Penalty Cases, 1987, Standard 5.1.
STANDARD FOURTEEN: DISPOSITION OF CLIENT COMPLAINTS
Standard:
Standards for Public Defense Services-9
The legal representation plan shall include a method to respond promptly to client complaints.
Complaints should first be directed to the contract attorney or firm that provided representation.
If the client feels that he or she has not received an adequate response, the Client shall submit a
written complaint to the City Manager who is hereby authorized to designate a person or agency
to investigate the Complaint. The complaining client should be informed as to the disposition of
his or her complaint within one week, or such additional time as warranted by the circumstances
of each case.
Complaints regarding criminal defense representation made to a judicial officer should be
referred to the City Manager for investigation.
Related Standards:
The American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2.
STANDARD FIFTEEN: CAUSE FOR TERMINATION OR REMOVAL
OF ATTORNEY
Standard:
Contracts for defense services shall include the grounds for termination of the contract by the
parties.
The representation in an individual case establishes an inviolable attorney- client relationship.
Removal of counsel from representation therefore normally should not occur over the objection
of the attorney and the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Guideline 111-5.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the
United States, 1976, Recommendations 2.12 and 2.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on
Courts, 1973, Standard 13.8.
STANDARD SIXTEEN: NON-DISCRIMINATION
Standard:
Standards for Public Defense Services- 10
Neither the City, in its selection of an attorney, firm or agency to provide public defense
representation, nor the attorneys selected, in their hiring practices or in their representation of
clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital
status, sex, sexual orientation or handicap. Both the City and the contractor shall comply with all
federal, state, and local nondiscrimination requirements.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services,
Standard 5-3.1.
National Legal Aid and Defender Association, Standards for Defender Services, 1976,
Standard 111-8.
Standards for Public Defense Services- 11
AGENDA REPORT NO. 31
FOR: City Council October 4, 2006
TO: Gary Crutch Manager Workshop Mtg.: 10/9/06
Robert J. Albe s, P lic Works Director
Regular Mtg. 10/16/06
FROM: Doug Bramlette, City Engineer
SUBJECT: Reject Bids for"A" Street and Hopkins Street Water Lines Project Nos, 06-2-07,
05-2-03 &05-7-02
I. REFERENCE(S -
1. Vicinity Maps
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/9: Discussion
10/16: MOTION: I move to reject the bids received for the"A" Street 20"Waterline
Project; Project No. 06-2-07, and, further, authorize staff to re-bid
the project.
10/16: MOTION: I move to reject the bids received for the Road 34 & Hopkins
Street Water Main Improvements & I-182 Irrigation Crossing
Project# 05-2-03 & 05-7-02, and, further, authorize Staff to re-bid
the project.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 13, 2006, staff received four sealed bids for the "A" Street 20" Waterline
Project; Project # 06-2-07. The low bid was received from Watt's Construction for the
amount of $779,802.51 including sales tax. The Engineer's Estimate for the project is
$755,917.76 including sales tax.
Staff received three sealed bids for the Road 34 & Hopkins Street Water Main
Improvements & I-182 Irrigation Crossing Project # 05-2-03 & 05-7-02. The low bid
was received from Goodman&Mehlenbacher for the amount of$1,164,061.43 including
sales tax. The Engineer's Estimate for the project is $1,051,155.47 including sales tax.
Staff was hopeful that prices would come down after the high prices that were seen this
summer. The Engineers Estimate was based on previous high prices with the expectation
that one or more bids would be lower. The combined budget for both waterline projects
as well as the I-182 Irrigation Crossing was approximately $700,000; the combined cost
of the two low bids exceeds $1.9 million or more than double the budgeted funds for the.
combined projects. Due to the high cost for both projects as well as the I-182 Irrigation
Crossing, Staff recommends rejection of the bids. Staff will evaluate other alternatives
for the projects.
V. ADMINISTRATIVE ROUTING
Project File
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"A" Street 20" Waterline Project
Project Number 06-2-07
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BID SUMMARY
TOTAL
Engineers Estimate $755,917.76
1. Watt's Construction $779,802.51
2, Goodman &Mehlenbacher $800,787.18
3. Apollo, Inc. $915,326.60
4. Ray Poland & Sons $1,161,230.51
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Road 34 & opkins Street Water Main Improvements
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Project Number 05-2-03 & 05-7-02
September 13, 2006
BID SUMMARY
TOTAL
Engineers Estimate $1,051,155.47
1. Goodman & Mehlenb cher $1,164,061.43
2. Apollo, Inc. $1,211,942.69
4. Ray Poland & Sons $1,525,489.97
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AGENDA REPORT NO. 96
FOR: City Council DATE: 10/ 10 /06
TO: Gary Crutchfi anager WORKSHOP:
Richard J. Sm it for REGULAR: 10/ 16/06
Community and Economic Development
FROM: David McDonald, City Planner-�
SUBJECT: FINAL PLAT - Loviisa Farms II, Phase 8 (Aho Construction) (MF
#FP06-006)
I. REFERENCE(S): .
A. Copy of Final Plat (Council packets only; copy available in Planning
Office for public review)
B. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the final plat for Loviisa Farms II, Phase 8.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. The City Council previously approved a 690 lot preliminary plat for
Loviisa Farms lI. Loviisa Farms II is a single family residential development
located east of Broadmoor Boulevard and north of the FCID canal.
B. The developer is now seeking final plat approval for Phase 8 of the
Loviisa Farms II development.
V. DISCUSSION:
A. Prior to the approval of a final plat, the developer is to either install all
infrastructure or post a bond or other instrument that secures the
financing for the improvements. In this case, the developer has completed
all improvements except for some minor items and has provided the City
with a bond in an amount sufficient ($11,000) to cover the costs of the
outstanding improvements.
B. The final plat shows and contains information on primary control
points, tract boundaries, dimensions, bearings, lot numbers and other
necessary engineering data. In addition the plat contains the required
descriptions, dedications and acknowledgment and approval sections.
VI. ADMINISTRATIVE ROUTING:
3(9)
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AGENDA REPORT NO. 97
FOR: City Council DATE: 10/11 /06
TO: Gary Crutch t Manager WORKSHOP:
Richard J. S , Di ector REGULAR: 10/ 11/06
Community an conomic Development
FROM: David McDonald, City Planner
SUBJECT: FINAL PLAT - Tierra Vida, Phase 1 (Casa LLC) (MIT #FP06-005)
I. REFERENCE(S):
A. Copy of Final Plat (Council packets only; copy available in Planning
Office for public review)
B. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the final plat for Tierra Vida, Phase 1.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. The City Council previously approved a 250 lot preliminary plat for
Tierra Vida (previously named Terra Vita). Tierra Vida is a single family
residential development located north of East "A" street and east of Cedar
Avenue.
B. The developer is now seeking final plat approval for Phase 1 of the
Tierra Vida development.
V. DISCUSSION:
A. Prior to the approval of a final plat, the developer is to either install all
infrastructure or post a bond or other instrument that secures the
financing for the improvements. In this case, the developer has completed
most of the improvements and has provided the City with a bond in an
amount sufficient ($88,750) to cover the cost of the outstanding
improvements.
B. The final plat shows and contains information on primary control
points, tract boundaries, dimensions, bearings, lot numbers and other
necessary engineering data. In addition the plat contains the required
descriptions, dedications and acknowledgment and approval sections.
VI. ADMINISTRATIVE ROUTING:
I
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GENERAL FUND OPERATING STATEMENT
THROUGH SEPTEMBER 2006
CASH BASIS
YTD %OF YTD TOTAL %OF
2006 2006 ANNUAL 2005 2005 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 2,328,282 4,800,000 48.5% 2,205,391 4,212,869 52.3%
SALES 5,929,319 7,000,000 84.7% 5,851,092 7,722,083 75.8%
UTILITY 5,125,507 6,025,000 85.1% 4,733,300 6,131,347 77.2%
OTHER 625,583 880,000 71.1% 723,623 982,566 73,6%
LICENSES& PERMITS 1,628,176 935,450 174.1% 1,895,068 2,326,524 81.5%
INTERGOV'T REVENUE 1,044,260 989,000 105.6% 874,466 1,194,619 73.2%
CHARGES FOR SERVICES 1,879,867 2,459,010 76.4% 1,601,556 2,461,477 65.1%
FINES& FORFEITS 576,958 702,400 82.1% 531,172 709,212 74.9%
MISC. REVENUE 691,297 681,250 101.5% 505,733 853,129 59.3%
OTHER FINANCING SOURCES 28,125 145,500 19.3% 337,524 358,399 94.2%
TOTAL REVENUES 19,857,374 24,617,610 80.7% 19,258,925 26,952,225 71.5%
BEGINNING CASH BALANCE 6,498,810 6,000,000 5,444,071 5,444,071
TOTAL SOURCES 26,356,184 30,617,610 86.1% 24,702,996 32,396,296 76.3%
EXPENDITURES:
CITY COUNCIL 79,057 105,675 74.8% 64,595 84,832 76.1%
MUNICIPAL COURT 672,089 939,585 71.5% 601,216 825,946 72.8%
CITY MANAGER 454,516 550,445 82.6% 404,331 543,616 74.4%
POLICE 6,283,657 8,436,478 74.5% 6,117,340 8,144,023 75.1%
FIRE 2,936,301 3,189,935 92.0% 2,054,265 2,784,368 73.8%
ADMIN & COMMUNITY SVCS 3,496,250 4,225,735 82.7% 3,317,684 4,322,890 76.7%
COMMUNITY DEVELOPMENT 1,004,725 1,019,480 98.6% 821,681 1,169,229 70.3%
ENGINEERING 895,451 1,093,585 81.9% 824,268 1,054,272 78.2%
MISC. NON-DEPARTMENT 4,659,700 6,843,599 68.1% 2,892,840 6,103,388 47.4%
LIBRARY 778,307 945,900 82.3% 716,724 864,922 82.9%
TOTAL EXPENDITURES 21,260,053 27,350,417 77.7% 17,814,944 25,897,486 68.8%
ENDING FUND BALANCE 3,267,193 6,498,810
TOTAL EXPEND AND END FUND BAL 30,617,610 32,396,296
AVAILABLE CASH BALANCE 5,096,131 6,888,052
PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS 75.0%
• Authorized but non-budget expenditures of $345,350 (cumulative)which will effectively reduce the
ending fund balance.
These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance
at month end. The City's CAFR is prepared using the Accrual Basis of Accounting.
These statements are intended for Management use only.
6(b)
AGENDA REPORT
TO: City Council October 5, 2006
FROM: Gary Crutchfield, City Manager Workshop Mtg.: 10/9/06
Regular Mtg.: 10/16/06
SUBJECT: Commercial/Industrial Water Rights
I. REFERENCE(S):
1. Memorandum from City Manager to City Council dated 9/21/06
2. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/9: Discussion
10116: MOTION: I move to adopt Ordinance No. amending PMC Section
26.04.115 "Assignment of Water Rights for Subdivision of Land" and
amending Section 13.36.070 "Assignment of Water Rights —Extension
of City Water Services" and, further, authorize publication by summaiy
only.
III. FISCAL IMPACT:
IV.- HISTORY AND FACTS BRIEF:
A) Please see attached memorandum.
V. DISCUSSION:
A) Based on Council discussion of this matter at the September 25 workshop ineeting,
the proposed ordinance is presented for deliberation. As proposed, the ordinance .
amendment will clarify that the requirement to dedicate water rights applies only to
residential subdivisions.
B) The proposed ordinance effectively excludes from the dedication requirement those
subdivisions intended for commercial or industrial use. `While this change will
compliment the City's goal of promoting industrial investment in the community,
staff is still evaluating whether commercial development should be required to
provide water rights (or pay an associated mitigation fee) at the time of building
permit issuance.
C) Staff recommends the proposed ordinance be adopted by Council at the October 16
business meeting.
$(a)
MEMORANDUM
September 21, 2006
TO: City Council
FROM: Gary Crutchfie i Manager
RE: Water Rights R quirements
As you know, the city provides domestic water throughout the city (and some of unincorporated
urban area) as well as irrigation water on the plateau. The amount of water the city can produce
(withdraw from Columbia River) is limited by state permit restrictions. Although the recent
"Quad Cities" regional water pen-nit provides much relief from the previous limits, the city is
obligated to "mitigate" (that is, replace) new water consumption (front the Columbia River) to
the extent that "minimum flows' in the Columbia River are not sustained between April and
October each year. In practical terms, that means the city will need to acquire enough water
rights to offset its share of the problem, determined annually by the State Department of
Ecology.
In anticipation of such new requirements coming from the state, staff recommended (and City
Council enacted) Ordinance No. 3547 in 2002, to require all new subdivisions to either dedicate
to the city the agricultural water rights existing on the land in conjunction with subdivision
approval or(in those cases where the land was "dry") pay $1,500 per acre (estimated at that time
to represent the average purchase price of farm land irrigation rights). Over the past four years,
the subdivision requirement has worked quite well, as an estimated 3,600 acre feet of water
rights (representing approximately $1,500,000) have been dedicated to the city (virtually all in
conjunction with approval of residential subdivisions on former farm lands).
As well as Ordinance No. 3547 has worked for residential subdivisions, it has presented
frustration for owners of commercial/Industrial sites contemplating subdivisions (while there is
much more subdivision activity in the residential sector, there are occasional plats within the
commercial/industrial sector also). The frustration lies principally in the fact that the amount of
water consumption associated with commercial/industrial development varies widely; the owner
of irrigated farmland being subdivided for commercial/industrial use may well be required
(under current ordinance provisions) to dedicate more of the water rights than is necessary to
offset the water consumption associated with the commercial/industrial use. In reviewing actual
water consumption records, staff and an independent consultant found the following average use
rates, by category: '
i
• Agricultural use: 3.5 feet/acre
• Residential use: 4.0 feet/acre
Commercial/industrial use: 2.0 feet/acre
City Council
September 21, 2006
RE: Water Rights Requirements
Page 2
While the dedication of existing agricultural water rights will offset most of the average
consumption impact of a residential subdivision, they clearly exceed the average impact of a
commercial/industrial subdivision (by a substantial margin). The obvious solution to this
problem is to modify Ordinance No. 3547 to specify that the dedication requirement applies to
commercial/industrial subdivisions at the rate of 2.0 feet/acre.
Before action is taken to make such a change to Ordinance No. 3547, however, staff suggests a
policy decision be considered: should commercial/industrial development be required to mitigate
its impact on the city's water rights and, if so, to what extent? The following factors appear
pertinent to the discussion:
• One of the Council's prime goals is to foster more industrial investment so as to expand
the community's tax base (this is likely to continue to be a prime goal for several years).
Does the requirement to dedicate water rights (or pay the equivalent fee) work
measurably to frustrate that prime goal?
• Industrial development (particularly major ones) do not always require a "subdivision,"
rather locating on a site exceeding 20 acres (which does not require platting). Is it fair
that smaller industrial developments (less than 20 acres) pay impacts (if they require a
subdivision) when a larger industrial facility(perhaps with more actual water impact)
escapes the requirement altogether?
Most commercial and smaller industrial developments occur on lands previously
subdivided (and are therefore exempt from the platting requirement). Again, is it fair that
a substantial percentage of small developments avoid the requirement altogether?
In the opinion of staff, there are three practical options for Council consideration, each with its
own disadvantages:
1. Reduce the dedication rate for commercial/industrial to 2.0 feet/acre;
2. Eliminate commercial/industrial from the dedication requirement altogether;
3. Require dedication or payment at the rate of 2.0 feet/acre for all commercial/industrial
development at the time of building pen-nit (not subdivision).
In a matter such as this, the city is not obligated to require the same of each land use category.
Given the obvious costs/benefits associated with residential development, the city is certainly
justified in requiring full offset of residential impacts. Given the same analysis of
commercial/industrial development, however, the city may well prefer to remove any such
impediment (cost) to accommodate new industrial investment. Staff will appreciate Council's
deliberation and collective decision in this matter, so appropriate legislation can be prepared for
Council action.
GC/tlz
cc Bob Alberts
Rick Smith
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending Section 26.04.115
"Assignment of Water Rights for Subdivision of Land" and
amending Section 13.36.070 "Assignment of Water Rights -
Extension of City Water Services."
WHEREAS, Ordinance No. 3547, approved by the Pasco City Council in 2002 and
codified in PMC Chapter 26.04 and PMC Chapter 13.30.070, established the requirement that
any subdivision of land or extension of a water main within Pasco that would use City-provided
water must assign to the City any water right attached to the property or pay an equivalent fee to
the City; and
WHEREAS, owners of lands within the City zoned and designated for industrial use
may be required, under the terms of Ordinance No. 3547, to assign more water rights to the City
than would be commensurate with the industrial uses that may ultimately locate within the
industrial subdivision; and
WHEREAS, the City Council, after review of technical data regarding water use by
land-use classification, finds that the requirement to assign water rights in conjunction with the
division of land should apply only to residential subdivisions, as residential uses consistently
utilize as much or more water than available through established water rights; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 26.04.115 entitled "Assignment of Water Rights for
Subdivision of Land" of the Pasco Municipal Code shall be and hereby is amended and shall
read as follows:
A) As a condition for the approval of the subdivision of real property pursuant to PMC
26.24, 26.28; and 2636 and 26:40, utilizing City provided water for resided
potable or.irrigation use
within a residential subdivision, any property owner or developer of such property
shall assign and transfer to the City any perfected application, certificate, permit or
right of withdrawal of ground or surface waters, or such other water rights as may
be appurtenant to such property in such quantities as is sufficient to serve the real
property. This assignment and transfer shall not apply to individual service wells as
are exempt from certification under the laws of the State of Washington, or
properties which receive sufficient irrigation water services provided under a
perfected water right from a City approved irrigation water service provider.
B) In the event there are no water rights represented either by perfected application,
certificate, permit or right for withdrawal appurtenant to the real property benefited
in Section A) above, the property owner or developer shall pay to the City, in lieu
thereof, a water rights acquisition fee as established in the City Fee Summary
Ordinance, Chapter 3.07. Such fee may be waived by implementation of a soil
additive program, approved by the Director of Public Works, that provides for the
retention of 30% or more of the applied irrigation water. (Ord. 3547 Sec. 2, 2002.)
Section 2. That Section 13.36.070 entitled "Assignment of Water Rights - -
Extension of City Water Services" of the Pasco Municipal Code shall be and hereby is amended
and shall read as follows:
13.36.070 ASSIGNMENT OF WATER RIGHTS - - EXTENSION OF CITY.
WATER SERVICES BEYOND CITY LIMITS.
A) As a condition for the extension of a City water main pufa:tairt to n1G 3.36.030
13.36.040 and 13.3 beyond the City limits as a primary source of City water
or-
for residential eensumptien, iffigatien, fire su ,
applie atien; potable or irrigation used within a residential subdivision, any
property owner or developer of such property shall assign and transfer to the City
any perfected application, certificate, permit or right for the withdrawal of ground
or surface waters, or such other water rights as may be appurtenant to such
property in such quantities as is sufficient to serve the real property benefiting
from the water line extension. This assignment and transfer shall not apply to
individual service wells as are exempt from certification under the laws of the
State of Washington, or properties which receive sufficient irrigation water
services provided under a perfected water right from a City approved irrigation
water service provider.
B) In the event there are no water rights represented by perfected application,
certificate, permit or right for withdrawal appurtenant to the real property
benefited in Section A) above, the property owner.or developer shall pay to the
City, in lieu thereof, a water rights acquisition fee as established in the City Fee
Summary Ordinance, Chapter 3.07. Such fee may be waived by implementation
of a soil additive program, approved by the Director of Public Works, that
provides for the retention of 30% or more of the applied irrigation water. (Ord.
3547 Sec. 1, 2002.)
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval,passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this 16th day of October,2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Ordinance Amending Section 26.04.115 and Section 13.36.070
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending Section 26.04.115 "Assignment of
Water Rights for Subdivision of Land" and amending Section 1.3.36.070 "Assignment of
Water Rights—Extension of City Water Services."
This ordinance clarifies that the requirement to assign water rights or pay an equivalent
fee applies only to residential subdivisions.
The full text of Ordinance No. is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, P. O. Box 293,
Pasco, Washington 99301-0293.
Sandy Kenworthy, Deputy City Clerk
AGENDA REPORT NO. 95
FOR: City Council DATE: 10/9/06
TO: Gary Crutchfi City Manager WORKSHOP:
Richard J. S ector REGULAR: 10/ 16/06
Community an Economic Development
FROM: David I. McDonald, City Planner`__�
SUBJECT: SPECIAL PERMIT--(APPEAL) Location of an Asphalt Batch Plant
near 11919 Harris Rd. (CPM Development Corporation) (MF#
SP06-010)
I. REFERENCE(S):
A. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to set 7:00 PM, January 16, 2007 as the time and
date for a Closed Record Hearing to consider the appeal of
the special permit recommendation for the Central Pre-Mix
under Master File No. SP06-010.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. On August 17, 2006 the Planning Commission held a public
hearing to receive testimony on a proposed Asphalt Batch Plant to
be located in the Central Pre-mix gravel pit off Harris Road. The
hearing was followed by the development of a recommendation on
September 21, 2006. The Planning Commission recommended the
special permit be denied.
B. Central Pre-Mix appealed the Planning Commission
recommendation.
C. The appeal requires the City Council to set a time and date
for a Closed Record Hearing to consider the appeal. Due to the
length of the record on this matter Central Pre-Mix has requested
the Closed Record Hearing be set for a Council meeting in January.
The first available date after the Holiday Season is January 16,
2007. Staff will provide a copy of the hearing record (transcript) and
the appeal petition for Council review prior to January 16th.
V. DISCUSSION:
10(a)
Vicinity Map
Item: Asphalt Batch Plant N
Applicant:Central Premix
File #: SP-06-016
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AGENDA REPORT NO. 94
FOR: City Council DATE: 10/9/06
TO: Gary CrutchJa y Manager WORKSHOP:
Richard J. S ector REGULAR: 10/16/06
Community d Economic Development
FROM: David I. McDonald, City Planned�.
SUBJECT: PRELIMINARY PLAT--(APPEAL) First Place, 313-Lots located
west of Rd 44 & north of the FCID canal (The Al Angelo
Company) (MF# PP06-003)
1. REFERENCE(SL
A. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to set 7:00 PM, November 6, 2006 as the time and
date for a Closed Record Hearing to consider the appeal of
the preliminary plat recommendation for the Al Angelo plat
under Master File No. PP06-003.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. On June 15, 2006 the Planning Commission held a public
hearing to receive testimony on a proposed preliminary plat for 125
acres of land located south of Desert Plateau. The hearing was
followed by the development of a recommendation on September 21,
2006. (There was a 3 month lapse between the initial public hearing
and the final recommendation because a neighbor appealed the
SEPA determination.) The Planning Commission recommended the
preliminary plat be approved with conditions.
B. Adjoining property owners appealed the Planning
Commission recommendation.
C. The appeal requires the City Council to set a time and date
for a Closed Record Hearing to consider the appeal. The earliest
date available for a Closed Record Hearing is November 6, 2006.
Staff will provide a copy of the hearing record (transcript) and the
appeal petition for Council review prior to November 6th.
V. DISCUSSION:
10(b)
icinity Map
Preliminary Plat 313 Lots ! 1.
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Applicant: ! ' • Company
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AGENDA REPORT NO. 92
FOR: City Council DATE: 10/6/06
TO: Gary Crutchfi Manager WORKSHOP:
Richard J. Sm o
ector REGULAR: 10/16/06
Community an Economic Development
FROM: David I. McDonald, City Planner
SUBJECT: SPECIAL PERMIT: New Pasco High School (Pasco School District)
(MF# SP06-12)
I. REFERENCE(S):
A. Report to Planning Commission
B. Planning Commission Minutes: Dated 8/17/06 8v 9/21/06
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the special permit for the New Pasco High
School, as recommended by the Planning Commission.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 17, 2006 the Planning Commission conducted a public
hearing to determine whether or not to recommend a special permit for the
location of a new high school at the northeast corner of Argent and Road
84.
B. Following conduct of a public hearing, the Planning Commission
reasoned that with conditions, it would be appropriate to recommend
approval of a special permit for the new high school. The recommendation
conditions are contained in the attached Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has
been received.
io(c)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP-06-012 APPLICANT: Pasco School District #1
HEARING DATE: 8/ 17/06 1215 W Lewis St
ACTION DATE: 9/21/06 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a new high school in an R-S-1 and
RP District. (Rd 84 & Argent)
1. PROPERTY DESCRIPTION:
Le al: SW 1/4 SW 1/4 SECT. 16 T.9 N R.29 E TOG W/TH PTN E 1/2 SW 1/4
SD SEC LY SLY OF SLY MARG OF R/W OF-EXISTING
FRANKLIN COUNTY IRRIG DIST #1 CANAL
General Location: Northeast corner of Argent Road and Road 84
Property Size: 3,453,206 square feet or 79.3 acres
2. ACCESS: The site has access from Argent Road and Road 84.
3. UTILITIES: Water service is available in Argent Road. The FCID
Irrigation canal is along the north property line. Sewer will be available
in Road 84 to coincide with the construction of the proposed high school.
4. LAND USE AND ZONING: The site is currently zoned R-S-1 (Suburban
Residential) and RP (Residential Park) and is vacant and/or being
farmed. The properties to the north are zoned RP (Residential Park) and
RT (Residential Transition) and contain a factory assembled home park
and a farm field. The properties to the east are zoned RT (Residential
Transition) and are vacant. The properties to the south and west are
zoned R-S-20 in the county and are developed with homes on large lots
interspersed with vacant fields. The property at 8200 Argent Road to the
south is developed with a commercial parking lot and contains a
business catering to weddings and receptions.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for public or quasi-public uses such as schools. The proposed use is a
high school. Goal OF-5 suggests adequate provisions for educational
facilities should be located throughout the urban growth area. Policy-5-
A encourages the appropriate location and design of schools throughout
the community.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-significance (DNS) has been issued for this project under WAC 197-
11-158. The optional DNS process is being used per WAC 197-11-355.
DISCUSSION
High schools are listed as unclassified uses in the Pasco Municipal Code Title
25 (Zoning). Unclassified uses may be permitted in any zoning district following
a review through the Special Permit process. Most of the schools in Pasco
including the Pasco High School are located in residential zoning district. An
on-line search of the Franklin County Assessors records (August 3, 2006)
revealed that values of residential properties located across Henry Street and or
101h Avenue from the Pasco High School have maintained value or appreciated
in value. Several properties have increased in value by more than $30,000
since the last revaluation in 2002.
The selection and purchase of the proposed site for the new high school at the
northeast corner of Road 84 and Argent Road occurred after a thorough study
and review of several potential sites throughout the community. The process
began in 2000 when the School District formed a Growth Management
Advisory Committee to study buildings and classroom needs within the
District. The Committee was charged with the task of recommending
improvements to existing facilities and identifying appropriate locations for new
schools including a new high school. The Committee identified 10 potential
sites for schools. Site review was limited to properties within the Pasco Urban
Growth Boundary (UGB) because most of the School District growth will occur
within the Pasco UGB. Secondly schools have significant utility needs and
municipal services/utilities are to be confined within the UGB.
In its review of potential sites the School District Committee considered such
things as the availability of parcels large enough to accommodate a high school
and associated sports fields and parking, utilities, location of major streets for
access, and general location of sites in relation to a service area. In all, ten
sites were evaluated.
In 2002 the Committee recommended the School District purchase the Road 84
and Argent site for the new high school. The proposed site was recommended
because of its central location in West Pasco (see the attached location map);
its proximity to major streets (Argent and Road 68); access to utilities (the 20"
2
water line in Argent can provide the needed fire flows); size (the site was large
enough for a modern high school); and, availability for purchase.
The proposed school has been designed as a two story structure consisting of
over 315,000 square feet and will occupy the western half of the 80 acre site.
The main portion of the school will be less than 50 feet to the peak of the
sloped roof. The loft area over the theater area will be approximately 55 feet
above the finished grade. The school will contain general and specialty
classrooms, a vocational education component, a student mall/cafeteria area
with a production kitchen, a 600-800 seat auditorium, a music/fine arts
component, four gymnasiums with seating for 2,400-2,600 for varsity events,
administrative offices, a library and support spaces for storage, maintenance,
mechanical and electrical equipment. The site amenities will include
landscaped parking lots for about 1,000 spaces divided into student and
staff/visitor areas, and a bus drop-off/pick-up zone. The site will also contain a
number of sports fields for PE classes and athletic events. The site will be
landscaped except for 2 acres located adjacent the FCID irrigation canal
directly east of the Pathfinder Mobile Home Park.
The proposed site is currently undeveloped except for the vocational farming
activity occurring on the site. The vocational farming is securing much needed
water rights that will lower the ongoing irrigation costs for the future high
school. Because of the undeveloped nature of the site and the fact that Argent
Road and Road 84 were originally developed in the County standard
infrastructure improvements are completely lacking. New construction within
the City requires concurrent development of street, sidewalks and utilities. In
the case of the high school site this would involve improvements to both Road
84 and Argent Road. These improvements will include street widening, street
reconstruction and repaving, installation of curb gutter and sidewalk (T wide)
street lights, handicapped ramps, signage, lane striping, street drainage, traffic
signals, fire hydrants and any necessary speed-reduction modifications
requested by the School District. A full listing of required off site improvements
is provided in the attached memo from the City Engineer.
Considerable community support exists for the proposed new high school as
evidenced by community approval of a special bond levy (in February 2006) to
finance the construction of the new high school.
As a part of their due diligence for purchasing the proposed high school site the
School District completed a "Phase One Environmental Site Assessment" of the
property and retained the services of an engineering and environmental firm to
conduct a Burrowing Owl Survey. The site manager for the Department of
Natural Resources (former property owner) indicated in the Phase-One Report
3
that there were no known environmental problems with the site. The
Burrowing Owl Study survey results indicate there are no burrowing owls or
active nests on the site. The owl study also makes reference to a Washington
State Department of Fish & Wildlife report that indicates there are no
important fish, or wildlife habitats within the site. The City's Comprehensive
Plan does not identify the site as a critical environmental or habitat area.
The School District was required to complete a traffic study as a part of the
application process for the proposed special permit. A signal warrant test was
conducted for Argent Road and Road 84 and for Argent Road and Road 80
(Location of the main driveway into the school parking lot.). Project traffic was
such that traffic signals will be needed at both locations. A left turn island is
also needed on Road 84 according to the modeling in the traffic study.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1. The site is located in an RP and R-S-1 zone.
2. High Schools are unclassified uses that require review through the
special permit process prior to permitting for construction.
3. The site is in the Pasco Urban Growth Boundary.
4. The Urban Growth Boundary identifies where urban growth is to occur in
Franklin County.
5. Urban services and utilities are to be confined to the Urban Growth
boundary.
6. The site is within the City limits of Pasco.
7. The Comprehensive Plan identifies the site for public or quasi public
uses.
8. Comprehensive Plan Goal OF-5 suggests that adequate provisions for
educational facilities should be located throughout the urban growth
area.
9. The site is currently being farmed.
10. The site is owned by the Pasco School District.
11. The site was recommended by a citizen's advisory committee for the
location of a second high school for the Pasco School District.
12. A Burrowing Owl Survey Report (BOSR) was prepared on the site for the
Pasco School District.
13. The BOSR survey results indicate there are no burrowing owls or active
nests on the site.
4
14. The BOSR refers to a Washington State Department of Fish & Wildlife
report that indicates there are no important fish or wildlife habitats
within the site.
15. The City's Comprehensive Plan does not designate the site as a priority
habitat area.
16. Argent Road and Road 84 are arterial streets.
17. Argent Road and Road 84 are developed to county standards
18. City development standards require off-site street and utility
improvements to be constructed or installed concurrently with site
development.
19. Off-site improvements include but are not limited to street widening,
street reconstruction and repaving, installation of curb gutter and
sidewalk (7' wide) street lights, handicapped ramps, signage, lane
stripping, street drainage, traffic signals, and fire hydrants.
20. A 20 inch water line is located in Argent Road.
21. Sewer lines are located at Road 72 and Argent and Road 88 and Court
Street. The City will be installing sewer line near the school site to
coincide with school construction.
22, The Transportation Impact Analysis for the proposed high school
indicates traffic signals will be needed at Road 84 and Argent and Road
80 and Argent.
23. A significant portion of the site will be landscaped.
24. Residential properties near the Pasco High School have increased in
value since 2002.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The proposed use supports the following plan policies or goals: OF-5
suggests adequate provisions be made for educational facilities
throughout the Urban Growth Area. Policy-5-A encourages the
appropriate location and design of schools through out the community.
The future land use map of the Comprehensive Plan designates the site
for public and quasi public uses. Schools are public uses.
2) Will the proposed use adversely affect public infrastructure?
5
Development activities within the City are required to install or improve
all necessary public infrastructures concurrent with development.
Construction of the new high school will require the improvements to the
adjoining streets, the installation of traffic signal, street lighting,
sidewalks, fire hydrants and all other items required in the standard
specification of the City. Required improvements will enhance the
infrastructure of the neighborhood by reducing the substandard
conditions that now exist in the neighborhood.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The proposed high school has been designed to complement the
neighborhood by providing generous yard setbacks, significant
landscaping, screening of mechanical equipment and a pitched roof line
in keeping with typical pitched roofs of residential homes.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof
The construction of schools in residential neighborhoods often
encourages development of nearby properties as can be seen with the
Columbia Place subdivision by Road 84 north of Sandifur Parkway. An
on-line search of the County Assessors property records indicate
property values near Pasco schools, including Pasco High School, have
increased in recent years.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed high school site is zoned for a mobile home park (40 acres)
and for single family site built housing (40 acres). Approximately 261
mobile or manufacture homes could be located on the western half of
the proposed high school site and 122 site built homes could be located
on the eastern half of the site. The intense development of a mobile
home park combined with 122 site built homes could add 3,830
additional vehicle trips to adjacent streets each day. The proposed high
school is expected to add about 4,400 additional trips during the school
year. During the summer break, and other break periods very little
6
traffic will be generated. Traffic from residential development is constant
year round.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
The proposed high school will be constructed to meet all requirements of
the International Building Code, the adopted Fire Code, the adopted
plumbing code and all other construction codes and state regulations
pertaining to high school construction. The building will be required to
have fire-rated corridors, area separation walls, sufficient exiting and
fire sprinkler systems to ensure the safety of the public. The installation
of traffic signals, the construction of sidewalks and street improvements
will address traffic safety issues. Schools have a long history of being
accepted in residential neighborhoods. In most communities schools
including high schools are located in or near residential neighborhoods.
The education and social development of children is generally not viewed
as a nuisance.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions there from as contained in the September 21, 2006 staff
report.
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council grant a special permit to Pasco School District # 1 for
construction of a new High School with the following conditions as
contained in the September 21, 2006 staff report:
(Proposed) Approval Conditions
1. The special permit shall be personal to the applicant.
2. The High School and High School site shall be developed in
substantial conformity with the site plan and building
elevations submitted with the special permit application.
3. Argent Road shall be improved to arterial street standards
meeting all applicable regulations and as approved by the City
Engineer. Improvements shall include but not be limited to
curb, gutter and street lighting on both sides of the streets.
4. Road 84 shall be improved to arterial street standards meeting
all applicable regulations and as approved by the City Engineer.
7
Improvements shall include but not be limited to curb, gutter
and street lighting along the east side of the street.
5. All necessary right-of-way along Road 84 and Argent Road shall
be dedicated to the City prior to the issuance of a building
permit.
6. No on-street parking or bus staging will be permitted on Road
84 and on Argent Road.
7. Traffic signals shall be required at Road 84 and Argent Road
and at Road 80 and Argent Road.
8. All costs associated with speed reduction/modification
including but not limited to flashing lights, signage, pedestrian
sensors, safety and crosswalks shall be paid for by the School
District.
9. All street/roadway signage, abutting the property 8s offsite, to
be provided by the school district & must be per most current
MUTCD & City of Pasco Construction Standards.
10. The School District shall identify and provide all necessary
accommodations for pedestrian school routes along Road 84.
11. The School District shall pay the current traffic mitigation fee
per vehicle trip as determined by the Traffic Study.
12. The School District shall provide the City with an event traffic
plan prior to the issuance of a building permit.
13. The School District shall prepare a dust control mitigation plan
to be submitted with the building permit application.
14. All utilities, storm water facilities, and infrastructure
improvements shall be designed and constructed to meet the
standard specifications of the City Engineer.
15. The School District shall dedicate the east 30 feet of the site for
street right-of-way.
16. The special permit shall be null and void if a building permit
has not obtained by April 1, 2008.
8
Vicinity Map
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Applicant:Pasco School District
File #: SP-06-012
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File #: SP-06-012
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Memo
Public Works Department
Engineering Division
To: Dave McDonald, City Planner
From: Doug Bramlette, P.E., City Engineer
Date: July 31, 2006
Re: Special Use Permit- Pasco High School Road 84 & Argent Road
The following is the Public Works Department comments:
A. Water:Fire flow requirements may require water along Road 84 with
installation of PRV,backflow & usage detection. There is an existing
20 inch waterline located in Argent Road.
B. Sanitary, Sewer: The City of Pasco will install sewer between Road 76
& Road 84.
C. Utility Connection Fees: All applicable fees, for connection to City of
Pasco utilities, must be paid pursuant to the most current fee schedule
at time of issuance of a building permit by the city.
D. Storm Drainage: All storm water, pursuant to all applicable codes,
must be retained within the confines of each proposed lot. Any storm
water along the abutting Rights of Way are to be disposed in a
manner that is consistent with the Department of Ecology
Stormwater Standards as well as any other local, state or federal
requirements/guidelines. Any existing storm drainage facilities
located within the Right of Way are to be maintained or relocated as
directed by the City of Pasco.
E. Streets:
Argent Road:
• Widen to a minimum of 48 feet.
• Improve to arterial street standards which shall
include the entire finished roadway to be overlaid as
directed by the City of Pasco.
• Striped for 3 lanes with bike lanes on each side.
• Curb,gutter&7 foot sidewalk along the north side.
• Curb &gutter along the south side.
• Identify & provide all necessary accommodations for
pedestrian school routes.
• Street lights shall be installed along both sides.
• Handicap ramps shall be installed at all intersections &
as directed by the City of Pasco.
• No parking will be allowed on Argent.
• Bus staging will not be allowed on Argent
• All signage, including routing,along Argent Road is to
be provided by the school district & must comply with
the most current MLITCD &City of Pasco Standards.
Road 84
• Reconstruct & widen road to arterial street standards
to a minimum width of 28 feet.
• Widen at intersection of Road 84 & Argent Road for
left turn lane.
• Curb,gutter&7 foot sidewalk along east side
• Handicap ramps shall be installed at all intersections &
as directed by the City of Pasco.
• Identify & provide all necessary accommodations for
pedestrian school routes along Road 84.
• Street lights shall be installed.
• No parking will be allowed on Road 84.
• All signage along Road 84 is to be provided by the
school district & must comply with the most current
MUTCD& City of Pasco Standards.
•Page 2
E. Access From Roadways: All access from any abutting roadway must be located
- far enough from any abutting intersection to allow safe vehicular travel along all
roadways. All approaches along an abutting street shall be widened to 3 lanes.
F. Traffic: Traffic study required. Traffic impact fees for offsite improvements, as
identified in the I-182 Traffic Study,must be paid.
G. Signag_e& Signals:
Traffic Study
• Signal will be required at Road 84&Argent Road;
• Signal will be required at Road 80 & Argent Road (Align
intersection with existing Road 80 to the south of Argent).
• Signal timing to be established by City Engineer
All signage,abutting the property & offsite, to be provided by the
school district & must be per most current MUTCD & City of
Pasco Construction Standards.
All costs associated with speed reduction/modifications requested
by the school district to be paid for by school district This may
include, but not limited to, flashing lights; safety crosswalks;
pedestrian sensors;etc.
School district to provide an event (sporting event, graduation,
extra curricular activity,etc)traffic plan to the City of Pasco prior
to issuance of a building permit.
H. Applicable Standards: Any city utility installations or street construction would
be required to comply with the City of Pasco Standards.
I. Legal Description:
J. Right of Way: All necessary Right Of Way along Road 84 & Argent is to be
dedicated to the City of Pasco prior to the issuance of a building permit
K. Water Rights: All property associated with this project is located within the
Franklin County Irrigation District.
L. Irrigation: - All property associated with this project is located within the
Franklin County Irrigation District
M. Monuments: - Monuments must be installed PMC with any street
development.
+� Page 3
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REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
A. Special Permit New Pasco High School (Pasco School District)
(Argent Rd & Rd 84) (MF# SP06-012)
Staff advised that notification of this public hearing was given simultaneously
with notification to the public of the intent to issue a Determination of Non-
significance with regard to SEPA for this project.
The proposed site for the new high school is an 80 acre site at the northeast
corner of Argent Road and Road 84. The adjacent land on the south and west
property boundaries is within the County and is zoned RS20. Property to the
north is in the City limits and has an existing mobile home park located on it,
and across the irrigation canal is property zoned RT (residential transitional)
that is currently either vacant or utilized as farm land. The Comprehensive
Plan designates the proposed site for public and quasi-public uses, of which a
school is an appropriate use.
A Notice of Intent to issue a Determination of Non-significance was issued on
July 24, 2006 after a review was a completed to determine that the application
was complete and a Determination of Completeness was issued. The
Environmental Review was conducted based upon a burrowing owl survey
report, a phase one environmental site assessment, the transportation impact
analysis and the adopted Comprehensive Plan and City Development
Regulations. A Determination of Non-significance has been issued and is part
of the environmental record.
Staff further advised that in response to the intent to issue a Determination of
Non-significance, the City received two letters of comment. One was from the
Department of Ecology. This letter was a standard letter sent out on all new
projects regarding water quality, storm water regulations, etc. The second
letter was from the Department of Transportation. This letter repeated some of
the information that was given in the traffic study for the school. The
Department of Transportation concluded by recommending that the City do
additional traffic analysis on the Road 100/Broadmoor Blvd. interchange. The
traffic study prepared for this project made reference to the Pasco 1-182
Corridor Sub-area Plan that was completed in August 2004. This document
contains information on the Road 100/Broadmoor Blvd. interchange and
provides information that can be used for improvements when full build-out
occurs at the I-182 area.
Staff noted that the school district studied needs within the district in 2000 by
way of forming a committee to observe the existing facilities and forecasting
needs into the future. The committee looked at approximately ten sites for the
new school within the Urban Growth Boundary. The committee then selected
the site at the corner of Argent Road and Road 84 due to its central location,
availability of sufficient utilities, and size of open land available.
REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
The School District will be required to make improvements along Road 84 and
Argent Road as part of the development of the project. Staff presented also
presented information regarding the potential for proximity of a school to
impact property values on adjacent residential properties, as well as a
comparison of the vehicle trips generated by the site being developed as a
school versus being developed into individual residential properties.
Tom Brandon, 125 Berkshire Lane introduced himself as a representative of
the Pasco School District. Mr. Brandon introduced Dick Loofburrow, 201 W.
Yakima, Yakima, WA as the project architect. Mr. Brandon presented an
overview of the 80-acre site, which includes administration, academic and
sports facilities. Elevations were presented with a description of how the
architecture would be utilized to help mitigate the overall massing of the
structure.
Commissioner Samuel asked if the design of the school is specifically set up for
future expansion, should the City continue to grow.
Mr. Brandon responded that it is set up for future growth; the most immediate
expansions would probably be in areas designated for 18 future classrooms
and a possible vocational education unit.
Todd Hume, 404 W. Riverside, Spokane, WA introduced himself as a
representative of the Foster Pepper Firm. Mr. Hume stated that the SEPA
determination that has been laid out for this project is a Determination of Non-
significance. He made comments similar to comments made previously by
Staff regarding studies that had been reviewed in the process of arriving at that
determination. He noted that while WSDOT, in a letter dated August 16, 2006
requested that the traffic analysis include data on the Road 100 and I-182
interchange, the traffic consultant did not consider that to be significant and
the District stands behind the consultant's position.
Mr. Brandon addressed the Commission once again and commented that the
lighting of athletic fields is not anticipated to be occurring with great frequency
at late night hours. With regard to off-site improvements, Mr. Brandon
requested clarification on the requirement to "identify and provide all necessary
accommodations, pedestrian school routes". He was unclear as to the specific
locations that these accommodations would be required. With regard to traffic
impact fees he requested additional clarification. He expressed concern that
with two-million dollars budgeted for off-site improvements to Road 84 and
Argent Road, having an additional one hundred thousand dollar impact fee was
excessive.
REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
David Harris, 11100 W. Harris Road expressed his concern that he is a large
irrigator and is concerned that the canals behind the school site should be
looked at.
After three calls for public comment the Chairman closed the Public Hearing.
Commissioner Anderson moved to close the hearing on the proposed special
permit and schedule deliberations, adoption of Findings of Facts, Conclusions
and a Recommendation to the City Council for the September 21, 2006
meeting.
Commissioner Hay seconded the motion; motion carried.
REGULAR MEETING September 21, 2006
PLANNING COMMISSION MINUTES SEPTEMBER 21, 2006
C. Special Permit New Pasco High School (Pasco School District)
(Argent Rd & Road 84) (MF # SP06-012)
Staff reminded the Commission that this item was heard at the last Planning
Commission meeting and that the item is now before the Commission for
deliberation, review of possible findings of fact, and recommendation to City
Council.
The Chairman asked if there were any questions of staff, comments or items of
deliberation.
Commissioner Samuel commented that the presentation by both staff and the
School District was very well done. He is in favor of moving forward with the
project.
Commissioner Samuel moved the Planning Commission adopt the Findings of
Fact and conclusions there from as contained in the September 21, 2006 Staff
Report.
Commissioner Anderson seconded, motion carried unanimously.
Commissioner Samuel further moved based on the findings of fact as adopted,
the Planning Commission recommend the City Council approve a special permit
for construction of a new high school with Special Conditions as contained in the
Staff Report.
Commissioner Little seconded, motion carried unanimously.
AGENDA REPORT NO. 91
FOR: City Council DATE: 10/6/06
TO: Gary Crutchfi Manager WORKSHOP:
Richard J. Smi i ctor REGULAR: 10/16/06
Community an Economic Development
FROM: David I. McDonald, City Piannerv/��_
SUBJECT: SPECIAL PERMIT: Pasco High School Remodel (Pasco School
District) (MF# SP06-13)
I. REFERENCES :
A. Report to Planning Commission
B. Planning Commission Minutes: Dated 8/17/06 & 9/21/06
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the special permit for the remodel work at the
Pasco High School, as recommended by the Planning
Commission.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 17, 2006 the Planning Commission conducted a public
hearing to determine whether or not to recommend a special permit for
remodel work at the Pasco High School.
B. Following conduct of a public hearing, the Planning Commission
reasoned that with conditions, it would be appropriate to recommend
approval of a special permit for the High School remodel. The
recommendation conditions are contained in the attached Planning
Commission report.
C. No written appeal of the Planning Commission's recommendation has
been received.
10(d)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP-06-013 APPLICANT: Pasco School District #1
HEARING DATE: 8/ 17/06 1215 W Lewis St
ACTION DATE: 9/21/06 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Pasco High Remodel (Pasco School District)
(10th Ave & Henry St.)
1. PROPERTY DESCRIPTION:
Legal: Blocks 1, 2, 3, & 4, 5, 6, 7 & 8, Sylvester's 3rd Addition
General Location: Northwest corner of 10th and Henry
Property Size: Approximately 43 acres (including the portion occupied
by Captain Gray annex)
2. ACCESS: The site has access from Henry Street and 10th Avenue.
3. UTILITIES: Municipal services are available on surrounding streets.
4. LAND USE AND ZONING: The site is currently zoned R-1 (Low Density
Residential) and is developed with the Pasco High School campus. The
properties to the west, south and east generally zoned R-1 with some
small areas of C-1 (Retail Business) located along. Court Street. The
properties to the north are zoned R-3 (Medium Density Residential) and
C-1. These properties are developed with churches, retail establishments
and residential units.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for public or quasi public uses such as schools. The proposed use is a
high school. Goal OF-5 suggests adequate provisions for educational
facilities should be located throughout the urban growth area. Policy-5-
A encourages the appropriate location and design of schools through out
the community.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of nonsignificance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW).
DISCUSSION
High schools are listed a unclassified uses in the Pasco Municipal Code Title 25
(Zoning). Unclassified uses may be permitted in any zoning district following a
review through the Special Permit process. The Pasco High School has been
located at the northwest corner of 10th Avenue and West Henry Street for over
35 years. The neighborhood surrounding the high school is fully developed. An
on-line search of the Franklin County Assessors records (August 3, 2006)
revealed that values of residential properties located across Henry street and or
10th Avenue from the Pasco High School have maintained value or appreciated
in value. Several properties have increased in value by more than $30,000
since the last revaluation in 2002.
The proposed remodel involves the construction of a 30,000 square-foot two-
story addition located between the main classroom wings and the gymnasiums.
The addition will match the existing building in architecture and will contain a
new kitchen, cafeteria (seating for 800) and offices for student services.
Approximately 2,700 square feet of additional storage space will be added to
the north side of the activity center. No changes are planned for site access or
parking.
Considerable community support exists for school construction and
maintenance as evidenced by community approval of a special bond levy (in
February 2006) to finance the construction of the high school remodel
The High School site is fully developed and does not require improvements to
the surrounding infrastructure. A determination on the location and need for
any additional fire hydrants will be completed during the building permit plan
review. Any improvements needed in infrastructure, the moving of water lines
on-site and/or street repairs associated with construction activities shall be the
responsibility of the School District.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report
and comments made at the public hearing. The Planning Commission may
add additional findings as deemed appropriate.
1. The Pasco High School is located in an R-1 zone.
2. High Schools are unclassified uses that require .,review through the
special permit process prior to permitting for construction.
2
3. The site is in the Pasco Urban Growth Boundary.
4. The Urban Growth Boundary identifies where urban growth is to occur in
Franklin County.
5. The Pasco High School site is fully developed with surrounding
infrastructure in place.
6. The site is within the City limits of Pasco.
7. The Comprehensive Plan identifies the site for public or quasi-public
uses.
8. Comprehensive Plan Goal OF-5 suggests adequate provisions for
educational facilities should be located throughout the urban growth
area.
9. The site is bounded on all sides by major streets.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must draw its conclusion from the findings of fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are
as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The proposed use supports the following plan policies or goals: OF-5
suggests adequate provisions be made for educational facilities
throughout the Urban Growth Area. Policy-5-A encourages the
appropriate location and design of schools through out the community.
The future land use map of the Comprehensive Plan designates the site
for public and quasi-public uses. Schools are public uses.
2) Will the proposed use adversely affect public infrastructure?
The Pasco High School site is fully developed. Surrounding streets and
utilities have been in place for many years. These utilities have been
sized to accommodate the needs of the high school.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The Pasco High School has been located at the northwest corner of
Henry Street and 10th Avenue for over 35 years. Single family houses,
churches and businesses have all developed around the high school.
I
3
The high school is a major part of the general character of the
neighborhood.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof
The neighborhoods surrounding the Pasco High School are fully
developed. An on-line search of the County Assessors property records
indicates property values near the Pasco High School have increased in
recent years.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed addition to the Pasco High School will not increase the
schools capacity to house more students in classrooms. The addition
simply provides improved cafeteria, office and storage space for the
existing students. With the completion of the new high school on Argent
Road student enrollment at the Pasco High School will decrease. The
Pasco High School has a long history of being part of the neighborhood
in which it is located.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
The proposed high school addition will be constructed to meet all
requirements of the International Building Code, the adopted Fire Code,
the adopted plumbing code and all other construction codes and state
regulations pertaining to high school construction. The building will be
required to have fire rated corridors, sufficient exiting and fire sprinkler
systems to insure the safety of the public. Schools have a long history of
acceptance in residential neighborhoods. In most communities schools
including high school are located in or near residential neighborhoods.
The education and social development of children is generally not viewed
as a nuisance.
4
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions there from as contained in the September 21, 2006 staff
report.
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council grant a special permit to the Pasco School District # 1 for
the remodel of the Pasco High School with the following conditions:
(Proposed) Approval Conditions
(1) The special permit is personal to the applicant;
(2) The remodel shall substantially conform to the site plan submitted
with the special permit application;
(3) The special permit shall be null and void if a building permit has not
been obtained by June 30, 2008.
5
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7
FIVICINITY MAP
HIGH SCHOOL REMODEL
ITEM: -
APPLICANT: PASCO SCHOOL DISTRICT
FILE # : SP06-- 013
W. COURT ST
1
1 #
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-_ PASCO HIGH SCHOOL
oW. MARIE ST
SITE z
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W. MARGARET ST
LAND USE MAP
ITEM:
HIGH SCHOOL REMODEL
APPLICANT: PASCO SCHOOL DISTRICT Q
FILE # : SPOB-013
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ZONING MAP
ITEM:
HIGH SCHOOL REMODEL
APPLICANT: PASCO SCHOOL DISTRICT
FILE #: SP06--013
_Fc, -,—T
W. COURT ST
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,I W. BROWN ST W. BROWN S
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W. MARGARET ST
REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
B. Special Permit Pasco High School Remodel (Pasco School
District) (10th Aire & Henry St.) (MF# SP06-013)
Staff advised the Commission that notification of this public hearing was also
given simultaneously with notification to the public of the intent to issue a
Determination of Non-significance with regard to SEPA for the project. In
response to that notification, a letter from the Department of Ecology was
received detailing their requirements for recycling, solid waste and storm water
management. A letter was also received from the Department of
Transportation stating that the school was not located near any major
highways.
The proposed project will add 30,000 square feet of student mall and cafeteria
space that will match the design of the existing school building. There will be
no alterations to the existing parking or portable buildings located on site. An
additional 2700 square foot addition of storage area will be made to the activity
area of the school.
Mr. Brandon of the Pasco School District again addressed the Commission and
explained that upgrades to the existing high school are necessary to ensure
that both the new and existing high schools provide equal educational facilities.
Mr. Hume of Foster Pepper addressed the Commission again and stated that
the remodel of the existing facility presents no zoning or environmental
concerns.
After three calls for public comment the Chairman closed the Public Hearing.
Commissioner Samuel moved to close the hearing on the proposed special
permit and schedule deliberations, adoption of Findings of Facts, Conclusions
and a Recommendation to the City Council for the September 21, 2006
meeting.
Commissioner Anderson seconded the motion; motion carried.
REGULAR MEETING September 21, 2006
PLANNING COMMISSION MINUTES SEPTEMBER 21, 2006
D. Special Permit Pasco High School Remodel (Pasco School
District) (10th Ave & Henry St) (MF # SP06-013)
Staff reminded the Commission that this item would allow a 30,000 square
foot, two-story addition to the existing high school. The addition will contain a
new kitchen, cafeteria, office for student services and 2700 square feet of
additional storage.
The Chairman asked if there were any questions of staff, comments or items of
deliberation.
Commissioner Hay moved the Planning Commission adopt the Findings of Fact
and conclusions there from as contained in the September 21, 2006 Staff
Report.
Commissioner Anderson seconded, motion carried unanimously.
Commissioner Hay further moved based on the findings of fact as adopted, the
Planning Commission recommend the City Council approve a special permit for
construction of an addition to the existing high school with Special Conditions
as contained in the Staff Report.
Commissioner Anderson seconded, motion carried unanimously.
AGENDA REPORT NO. 93
FOR: City Council DATE: 10/6/06
TO: Gary Crutchfi 1 anager WORKSHOP:
Richard J. Sm , Dir for REGULAR: 10/16/06
Community an Economic Development
FROM: David 1. McDonald, City Planner
SUBJECT: SPECIAL PERMIT: Church Addition 4012 W Court St (Riverview
Methodist) (MF# SP06-011)
I. REFERENCEM:
A. Report to Planning Commission
B. Planning Commission Minutes: Dated 8/ 17/06 & 9/21/06
II. ACTION RE UESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to approve the special permit for the Riverview Methodist
Church, as recommended by the Planning Commission.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 17, 2006 the Planning Commission conducted a public
hearing to determine whether or not to recommend a special permit for the
improvements to the Methodist church at the southwest corner of Court
Street and Road 40.
B. Following conduct of a public hearing, the Planning Commission
reasoned that with conditions, it would be appropriate to recommend
approval of a special permit for the church addition. The recommendation
conditions are contained in the attached Planning Commission report.
C. No written appeal of the Planning Commission's recommendation has
been received.
14(e)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP-06-011 APPLICANT: Riverview United Methodist
Church
HEARING DATE: 8/ 17/06 4012 W Court St
ACTION DATE: 9/21/06 Pasco, WA 99301
BACKGROUND
REQUEST FOR SPECIAL PERMIT: Church Addition for Riverview United
Methodist Church at 4012 W Court St
1. PROPERTY DESCRIPTION:
Legal: The N 1/2 of the NE 1/4 of the NW 1/a of the NE 1/4 of Sec 26-T 9-R 29,
W. M. Franklin County Washington, Except the N 36' of , COURT ST &
Except the W 345' THEREOF 8& LESS the PUD R/W Easement (File
#245489).
General Location: 4012 W Court St
Property Size: 2.15 Acres
2. ACCESS: The site has access from Road 40.
3. UTILITIES: Water and sewer service are located in Road 40 to the east.
4. LAND USE AND ZONING: The property is currently zoned R-S-12
(Suburban Residential). Surrounding properties to the south, southeast
and west are also zoned RS-12. Properties to the east and northeast are
zoned C-1 (Retail Business) and lots across Court Street to the north and
northwest are zoned "O" (Office).
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the
church property and surrounding areas to the south for low-density
residential development and areas to the east and north for commercial
development. The plan does not specifically address churches, but
various elements of the plan encourage adequate provision of off-street
parking and locating businesses in appropriate locations for their
anticipated uses. Policies of the plan also encourage the location of
facilities for educational and cultural activities in the City.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of non-significance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW).
1
ANALYSIS
The current 6,200 square-foot facility was built around 1972. The application
involves the construction of a 6,987 square foot sanctuary and chapel addition
on the north end of the existing structure and conversion of the present chapel
into a fellowship hall, and the current fellowship hall into classroom space. The
existing parking area will be resurfaced and re-striped, and an existing curb
cut on the northeast corner along Road 40 will be eliminated. An additional
parking area will be added to the west of the building and a right-in/right-out
access to court Street is also proposed. Landscaping will be improved along
Court Street. A playground area will be added to the south and west of the
existing structure.
The addition will be designed to complement and improve upon the existing
building in construction materials and architectural features.
Future plans include a landscape feature and a covered outdoor activity center
in the vacant lot to the west of the current facility.
Churches are typically located in or adjacent residential zoning districts of the
city. Experience in the community has shown that the operation of churches
generates very few complaints from adjoining property owners.
New construction within the City requires concurrent development of street,
sidewalks and utilities and the dedication of any right-of-way that is lacking. In
this case a portion of Road 42 is lacking and much of the surrounding street
improvements do not meet City standards. A proper radius at the intersection
of Court Street and Road 40 is also missing. The church will be responsible for
making necessary improvements including but not limited to installation of
curb gutter and sidewalk, street lights, handicapped ramps, signage, lane
striping, street drainage and fire hydrants. Connection to municipal water and
sewer is a condition of building permit approval.
INTIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is located in an R-S-12 zone.
2. The site has been developed with a Church for 34 years.
3. The church site was developed in the County.
2
4. The church site was annexed to the City in 1993.
5. Residential homes are developed on sites surrounding the church.
6. The site contains approximately 50 parking spaces.
7. Churches are unclassified uses and require review by special permit
prior to locating or expanding in any zone.
8. The addition will be designed to complement and enhance the existing
building in materials and construction.
9. Court Street is an arterial street.
10. New development within Pasco is required to concurrently improve
adjoining infrastructure that may be substandard or non existent.
11. In infrastructure improvements include but are not limited to street
lights, handicapped ramps, curb, gutter, sidewalk, paving, striping, fire
hydrants and street drainage.
12. The church is currently on a septic system
13. The issuance of new building permits requires connection to city utilities.
14. The issuance of new building permits requires the dedication of right-of-
way in cases where it is lacking.
TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusion
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
1) Will the proposed use be in accordance with the goals, policies,
objectives and text of the Comprehensive Plan?
Policy LU-1- encourages the continuous actions to improve the City's
physical environment. Policy LU-2-B encourages the support of facilities for
educational and cultural activities.
2) Will the proposed use adversely affect public infrastructure?
The proposed site is located adjacent a major arterial street and a collector
street. Water and sewer lines in adjacent streets are sized to accommodate
the church building. Development within Pasco is required to install all
need infrastructure concurrent with development. Any additional
improvements needed to surrounding infrastructure will be addressed in
conjunction with the improvements of the church. The church will be
responsible for making the any needed infrastructure improvements.
3
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
Churches are typically located in or near residential neighborhoods to
served neighborhood residents. The Riverview United Methodist Church has
severed the community for 44 years in harmony with the surrounding
neighborhood.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
The presence of the church in the neighborhood has not discouraged
potential development in the area. The properties to the north and east
have all been developed or redeveloped in recent years. Many of the single
family homes directly to the south of the church site were constructed after
the church was constructed.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within the
district?
A church has been located on the site for over 34 years. The location of
single family homes fronting on Court Street would add multiple driveways
to Court Street adding to marginal interference for traffic.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
Churches are generally accepted uses in or near residential neighborhoods.
Past history of church operations within the City has shown they do not
endanger public health or safety. The church will be constructed to meet all
applicable building and safety codes.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
numbers and conclusions there from as contained in the September
21, 2006 staff report.
4
MOTION for Recommendation: I move based on the findings of fact
and conclusions there from the Planning Commission recommend the
City Council grant a special permit to Riverview United Methodist
Church for church expansion at 4012 West Court Street with the
conditions as contained in the September 21, 2006 staff report:
(Proposedl_Approval Conditions
1) The special permit shall be personal to the applicant.
2) The property shall be developed in substantial conformance with the
site plan submitted with the special permit application, except as
herein modified.
3) The applicant shall dedicate an additional 4 feet for the Court Street
Right-of-way.
4) The applicant shall dedicate the west 30 feet of the church parcel for
Road 42.
5) The applicant shall dedicate the right-of-way radii at the intersections
of Court Street and Road 40 and 42 as directed by the City of Pasco.
6) The applicant shall improve the right-of-way radius at the intersection
of Court Street and Road 40 to City of Pasco standards.
7) The applicant shall make all necessary improvements including but
not limited to installation of curb gutter and sidewalk, street lights,
handicapped ramps, signage, lane striping, street drainage and fire
hydrants applicable to the building permit as directed by the City.
8) The applicant shall connect to municipal water and sewer as a
condition of building permit approval.
9) The special permit shall be null and void if the required improvements
are not made and a City of Pasco occupancy registration has not been
obtained by December 31, 2009.
5
Vicinity Map
Item : Church Addition N
Applicant: Riverview UM Church
File #: SP-06-011
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Item: Church Addition N
Applicant: Riverview UM Church
File #: SP-06-011
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REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
C. Special Permit Church Addition in an R-S-12 District
(Riverview Methodist) (4012 W Court) (MF#
SP06-011)
Staff stated that notice for this public hearing was published in the newspaper
and mailed to adjoining property owners. The proposed project is an addition
to the Riverview Methodist church, which has been located at the site for over
40 years. The proposal will nearly double the size of the church and add a
parking lot on the west side of the building. Improvements will be required to
be made along Road 44, including a radius dedication along Road 44 and
installation of sidewalks. The church will also be required to connect to City
utilities as a part of this project.
Commissioner Anderson asked if the parking lot has direct access to Court
Street with a right-turn-only; if Engineering has reviewed this configuration
and approved it.
Staff responded that it has not been approved it, but it has been reviewed by
Engineering.
Commissioner Anderson stated that he was concerned that traffic would
illegally turn left into this entrance.
Staff responded that the design of the access could be utilized to prevent those
turns from occurring.
Commissioner Anderson stated that having that design implemented is what he
was requesting.
Staff noted that the church would need to dedicate additional right-of-way
along Road 42 at the far west end of the property.
Wendi Riddle, 4022 W. Court Street, introduced herself as the Pastor of the
church. She stated that the addition is planned to welcome additional
members of the community into the congregation.
After three calls for public comment the Chairman closed the Public Hearing.
Commissioner Little moved to close the hearing on the proposed special permit
and schedule deliberations, adoption of Findings of Facts, Conclusions and a
Recommendation to the City Council for the September 21, 2006 meeting.
Commissioner Hay seconded the motion; motion carried.
REGULAR MEETING September 21, 2006
PLANNING COMMISSION MINUTES SEPTEMBER 21, 2006
E. Special Permit Church Addition (Riverview Methodist) (4012 W
Court) (MF # SP06-011)
Staff reminded the Commission that this item was heard at the last Planning
Commission meeting and that the item is now before the Commission for
deliberation, review of possible findings of fact, and recommendation to City
Council.
Staff indicated the pastor of the church is working on a financing campaign and
is not sure they would be able to start construction within a year. The church
has requested an approval date as far into the future as possible.
Commissioner Samuel moved the Planning Commission adopt the Findings of
Fact and conclusions there from as contained in the September 21, 2006 Staff
Report.
Commissioner Anderson seconded, motion carried unanimously.
Commissioner Samuel further moved based on the findings of fact as adopted,
the Planning Commission recommend the City Council approve a special permit
for construction a church expansion with Special Conditions as contained in the
Staff Report, with modification to Item #9 changing the deadline for issuance of
permits from 2007 to 2009.
Commissioner Anderson seconded, motion carried unanimously,
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